Aspecte privind răspunderea disciplinară – drept comun versus legislaţia specifică mediului universitar
Numărul 6 Anul 2022
In order to correctly and clearly transpose the rules applicable in disciplinary matters to the teaching and research staff, auxiliary teaching and research staff, as well as to the management, guidance and control staff in higher education in case of breach of duties stipulated in the individual employment contract, as well as in case of violation of the rules of conduct, as they are terminologically formulated in a lacunary and confusing man...
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Prevenirea hărțuirii morale la locul de muncă în contextul noilor modificări legislative
Numărul 5 Anul 2021
In this article we will focus on Government Ordinance no. 137/2000 on the prevention and punishment of all forms of discrimination, as supplemented and amended by Law no. 167/2020, because it gives particular interest to moral harassment in the workplace, a topic we want to analyse from the perspective of forms and preventive measures.
We will also give examples of types of unacceptable behaviours that must be qualified as minor or seri...
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Asemănări şi deosebiri între contractul individual de telemuncă şi contractul individual de muncă la domiciliu – cu accent pe abrogarea lit. c) de la alin. (2) al art. 5 din Legea nr. 81/2018 –
Numărul 4 Anul 2021
Starting from the most important similarities between the individual telework agreement and the individual work from home employment agreement, we want to point out, that as regards the differences, the most important one with many implications relating to other differences, which, moreover, was originally based on an important similarity linked to the place of work (an element which confers the specificity of work from home), we believe that ...
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Consideraţii privind interdicţia expresă a clauzei de confidenţialitate în contractul individual de muncă al personalului contractual din administraţia publică
Numărul 6 Anul 2020
The express prohibition of the confidentiality clause in the individual employment agreement for the contractual personnel from the public administration results from the provisions of the Administrative Code. On the other hand, the obligation to respect the confidentiality of information exempted from free access to information of public interest is maintained.
In other words, the provisions on confidentiality in...
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Sistemul contractelor individuale de muncă din sectorul privat și public versus sistemul actelor administrative de numire în funcţia publică
Numărul 5 Anul 2020
To the typology of individual labor contracts in the private and public sector traditionally regulated by the Labor Code and other relevant normative acts, new individual labor contracts for public administration have been added through the Administrative Code, which has also produced a slight diversification also with regard to the administrative act of appointment to public office.
All these contracts are part of a large system of ind...
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Consideraţii generale privind reglementarea muncii la domiciliu în administraţia publică din România prin Codul administrativ
Numărul 6 Anul 2019
The administrative code adopted recently by GEO no. 57/2019, provides, finally, as a novelty for the Romanian public administration, the possibility of working at home only for the staff employed under a contract and not for the civil officers, as it is necessary to make a distinction between these who, are rather located in a „grey area”.
The economics of the text of law refers to the common law regulations in the...
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Flexibilitatea funcţională sau cum acoperim nevoia de forţa de muncă: cumul de funcţii, cumul de atribuţii sau ore suplimentare?
Numărul 4 Anul 2019
The management of the employees’ skills depends essentially on the initial professional evaluation by means of the prior verification of the professional/personal skills/abilities of the persons who request the employment in relation to the forecast job descriptions and the work load/working time (for each position) which has to be performed during the full-time, part-time schedule, according to the law. The duties in the job descri...
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Contractul individual de telemuncă al telesalariaţilor UE şi al telesalariaţilor non-UE. Legea aplicabilă obligaţiilor contractuale şi implicaţiile locurilor de telemuncă
Numărul 3 Anul 2019
This particular individual labor contract raises problems in practice through differences in law enforcement for the Romanian employer party to such a contract with either a EU teleworker or a non-EU teleworker who works in the country of origin, as a rule – at his or her domicile (or at his/her place of residence) as well as in other places not organized by the employer – but also occasionally/ as an exception in other ...
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Consideraţii privind standardele ce ar trebui stabilite de universităţi pentru ocuparea posturilor didactice
Numărul 4 Anul 2018
We want to draw attention in this material to the issue of the minimal standards – at national and university level – necessary for the occupation of all teaching positions in higher education – both from internal and external source.
They must be analyzed in the system, since the standar...
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Consideraţii privind indicarea contractului colectiv de muncă aplicabil în contractul individual de muncă
Numărul 6 Anul 2017
Although collective labor contracts are subject to being made public under the penalty sanction (expressly, according to the law, those at the level of sector of activity and those at the group-level units), the law does not connect it with the production of legal effects from the date of its publication but only from the date of its registration, the significance of advertising consisting in ensuring a wider oposability.
However, the l...
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