Natura juridică a muncii prestate prin intermediul platformelor digitale
Numărul 6 Anul 2025
This study is prompted by the adoption of Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions through digital platforms.
The preamble to this Directive states that algorithm-based technologies, including automated monitoring systems and decision-making systems, have enabled the emergence and development of digital labor platforms.
Work on these platforms is carr...
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Egalitate de tratament între bărbaţi și femei. Pensionarea pentru incapacitate permanentă rezultată dintr-un accident de muncă – hotărârea Curţii de Justiţie a Uniunii Europene din 10 aprilie 2025, în cauza C-584/2023
Numărul 6 Anul 2025
The article examines the application of the principle of equal treatment between men and women in the fi eld of social security, as well as Article 5 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and work. Starting from two rulings of the Court of Justice of the European Union, the a...
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Menţinerea drepturilor lucrătorilor în cazul transferului întreprinderii
Numărul 5 Anul 2025
This article contains two important sections. The first refers to the Judgment of the Court of Justice of the European Union dated April 3, 2025, delivered in Case C-431/23, WIBRA BELGIE SA, which concerns the interpretation of Article 5(1) of Council Directive 2001/23/EC of March 12, 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings,...
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Raporturile de muncă și dreptul la pensie
Numărul 4 Anul 2025
In the present article, the authors focus on the connection between employment relationships and the right to pension. It is evident that performing subordinate work, with the right to remuneration and the obligation to pay social security contributions, gives rise to the right to a pension. In principle, this right arises after the termination of the employment relationship. As a general rule, Law no. 360/2023 prohibits the cumulation of salar...
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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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