Prioritatea dreptului unional potrivit Hotărârii Curţii de Justiţie a Uniunii Europene din 26 septembrie 2024, pronunţată în Cauza C-792/2022
Numărul 2 Anul 2025
The Judgment of the Court of Justice of the European Union of 26 September 2024, delivered in the aforementioned case, is of particular importance for labor relations. In addition to reiterating the primacy of European law over national law, including with regard to domestic case law, in particular constitutional court aspects, it clarifies the link between the criminal liability of the perpetrator of the act and his tortious liability for th...
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Pactul de dialog social european
Numărul 3 Anul 2025
On May 5, 2025, at the headquarters of the European Union, the Social Dialogue Pact was signed by the President of the European Commission – Ursula von der Leyen – and the Vice-President of the Commission – Roxana Mânzatu – together with representatives of the social partners (the European Trade Union Confederation and organizations of European business leaders).
The Pact is a continuation of the Social Partners’ Declaration from Val D...
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Noi reglementări privind calitatea de drept comun a Codului muncii
Numărul 1 Anul 2025
The Labor Code contains several provisions that establish it as the common law inthe fi eld of employment legal relationships. It applies not only to relationships arising from individual employment contracts – covering employees and their employers – but also to other employment relationships that are not based on such contracts, deriving instead from special regulations.
Thus, the application of the Labor Code extends in certain ...
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Salariul minim adecvat
Numărul 6 Anul 2024
In this article, the authors present the main provisions of Directive (EU) 2022/2041 of 19 October 2022 of the European Parliament and of the Council on adequate minimum wages in the European Union, a directive taken over with regard to these wages in our law by Law no. 283/2024.
Also, it is presented, especially and commented on art. 164 of the Labor Code, in its new wording, after it was amended by Law no. 268/2024.
In this con...
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Libertatea de exprimare a angajaţilor
Numărul 4 Anul 2024
A case settled by the European Court of Human Rights concerned the freedom of expression of an employee. The latter, employed as an expert I.T., a computer engineer, sent an email from his professional mailbox to the company’s human resources department criticizing the managerial projects of the chairman of the board of directors. The employee complained about the high workload, the reduction of compensations for knowledge of foreign la...
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Algoritmii, Inteligenţa Artificială, roboţii și lumea muncii
Numărul 5 Anul 2024
Technologies are evolving today at an extremely fast pace, and artificial intelligence (A.I.) is at the heart of the changes. This, through its applications, plays an increasingly important role in industry, agriculture, finance-banking, medicine, education, military, even in … sport.
In the latter field, it is estimated that in a period of 20 or 30 years, in football, the referee will be just an intelligent computer. With a huge...
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Critica unei hotărâri judecătorești
Numărul 3 Anul 2024
In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court of firs...
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Telemunca la domiciliu, accidente și securitatea în muncă – o perspectivă comparativă
Numărul 2 Anul 2024
Home working and teleworking are increasingly used in employment relationships. They have proved their full usefulness especially during the Covid-19 pandemic, which is still ongoing. The greatest advantage of these forms of work is that they allow workers to combine work and private life.
However, it is possible that employees may suffer accidents while working at home. The question is: is such an accident at work or not? Who is respons...
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Violența domestică și lumea muncii
Numărul 1 Anul 2024
The International Labour Organization Convention No. 190 and Recommendation No. 206 from 2019 regarding violence and harassment in the world of work also address domestic violence and its reverberations on the work environment.
Victims of such violence will experience negative impacts on their workplace performance, decreased productivity, may disrupt the collective they belong to, and may be absent from work due to domestic violence, e...
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Conceptul de lucrător – noi dimensiuni
Numărul 6 Anul 2023
The study aims to present and explain the concept of worker, as regulated by the European Union, by national rules, and as it results from the case law of the Court of Justice of the European Union.
As mentioned above, in a narrow sense, a worker means a person who performs subordinate work for a beneficiary, in exchange for remuneration. In a broad sense, the term in question also concerns other persons: those looking for a job, the une...
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