In this article, the focus is on collective trade union representation in Spain through trade unions, which is exercised through the trade union section and trade union delegations. The trade union section is nothing but the trade union that acts within the enterprise and exercises the faculties that legally correspond to it by the legal imperative. Thus, the creation of a trade union section by union-affiliated workers is not li...

The Covid-19 pandemic, which led to the establishment of a state of emergency and alert on the territory of our country, also had a significant impact on labour law.The impact has determined the issuance of legal rules derogating from the legislation in force, with temporary applicability, corresponding to the duration of the health crisis. The aim of the legislature was to support employers as w...

The Covid-19 pandemic, which led to the establishment of a state of emergency and alert on the territory of our country, also had a significant impact on labour law. The impact has determined the issuance of legal rules derogating from the legislation in force, with temporary applicability, corresponding to the duration of the health crisis. The aim of the legislature was to support employers as well as employees so that they could cont...

The existence of a civil lawsuit cannot be conceived without the presence of two parties – at least – who have opposing interests: the plaintiff – who makes a claim (in this case the employee) and the defendant – against the claimant (the employer). According to the provisions of the Labor Code, employees, trade unions and employers, as well as other legal or natural persons have this vocation. Both labor disputes in the c...

The revision is an extraordinary appeal of withdrawal and unsustainable of execution, which is exercised against the decisions pronounced on the merits or which evokes the merits and the reasons for revision are expressly and limitingly provided by art. 509 para. 1 pt. 1-11 C. pr. civ.

The appeal is the only ordinary remedy provided by the Code of Civil Procedure – article 466-482; is the procedural means by which the party dissatisfied with the solution given by the first instance, in civil disputes, as well as in labor disputes, invests the higher court (court of appeal, in the matter discussed) with the control of the decision of the first instance (court).

This article analyzes harassment at work in the light of the Labor Code, Law no. 202/2002 on equal opportunities and treatment between women and men and O.G. no. 137/2000 on the prevention and sanctioning of all forms of discrimination. The latter normative act defines moral harassment in the workplace as „any behavior that, by its systematic nature, may harm the dignity, physical or mental integrity of an employee or group of em...

In the present article the author analyses rest time forms regulated during the work schedule (lunch break), the one at the end of the daily work schedule (daily rest), as well as the one at the end of the week (weekly rest). It is emphasized that working time cannot be continuous, as it is intersected or segmented by daily and weekly rest periods. There is a symbiosis between working time and rest time.

Rest leave is a main right of the employees, which responds to the need to restore the work force after a period of professional activity, usually 12 months. He is a right that implies the conjugation of two sides, namely the one regarding rest during the leave, which has a non-patrimonial character and the other patrimonial side, representing the leave allowance.

An exception from the normal work schedule (40 hours per week) is additional work. This is possible only as an exception and under strictly determined conditions. Thus, the maximum legal duration of working time cannot exceed 48 hours per week. The extension of this duration is possible, but provided that the average working hours, recorded over a reference period of four calendar months (sometimes six month...