Clauza penală în raporturile de muncă
Numărul 5 Anul 2019
The article analyzes the problem of the penalty clause in individual employment contracts, considering the specificity of the employment relations and the way of regulating the patrimonial liability of the employee in the Labour Code. The analysis contains the relevant judgments of the Constitutional Court and the High Court of Cassation and Justice in the field.
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Dreptul angajaţilor la indemnizaţia de concediu, după încetarea raporturilor de muncă potrivit Curţii Europene de Justiţie
Numărul 4 Anul 2019
The article analyzes some judgments given by the European Court of Justice that have made important clarifications regarding the right of the employee to leave benefits after the termination of employment relationships. The norms of labour law that have an impact in this matter are also presented and analyzed.
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Aspecte privind detașarea transnațională
Numărul 2 Anul 2019
The detachment of workers in the countries of the European Union and in the territory of the Swiss Confederation is governed both by European rules (Directive no. 96/71/EC, Directive no. 2014/67/EU and Directive no. 2018/957) and national (Law no. 16/2017).
Transnational detachment resembles both posting, but above all delegation from our national law.
The basic principle of the rules in this area is non-discrimination, me...
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Încetarea contractului individual de muncă în cazul pensionării
Numărul 1 Anul 2019
Art. 56 para. 1 lit. c) of the Labor Code, modified through Government Ordinance no. 96/2018 and under the decision of the Constitutional Court no. 759/2017 provides for the following cases of legal termination of the individual labor contract, namely:
– at the cumulative fulfillment of the standard age conditions and the minimum contribution period;
– on the date of communication of the decision on partial early retirement...
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Dezvoltarea dreptului muncii în România după Marea Unire, până în anul 1940
Numărul 6 Anul 2018
After the Great Union in 1918, until 1940, as a consequence of the social-economic development, of the constant increase of the number of workers, important normative acts were adopted, regulating social working relations.
A beneficial influence in the development of this legislative process was the norms of the International Labor Organization, established in 1919, one of the founding countries being Romania.
One of the m...
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Internshipul
Numărul 5 Anul 2018
This paper analyzes the specific regulatory conditions of a new type of contract – the internship contract, regulated this year by Law no. 177/2018. The provisions on the conclusion, suspension and termination of the contract, the rights and obligations of the parties, the assessment of the intern’s work, the duties of the mentor and other specific institutions are dealt with in detail.
We emphasize that internship was alre...
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Munca zilierilor
Numărul 3 Anul 2018
Through Law no. 86/2018 was emended the regulation of day labourer work brought by Law no. 52/2011.
It is expressly provided that the day labourer are in working relationships with the beneficiaries of their activity and that these relations are established by the agreement of the parties, without the conclusion, in writing, of an individual labor contract.
The law provides rights and oblig...
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Neconstituționalitatea dispozițiilor art. 56 alin. (1) lit. c), teza a doua, prima ipoteză din Codul muncii privind încetarea de drept a contractul individual de muncă la comunicarea deciziei de pensie în cazul pensiei de invaliditate de gradul III
Numărul 2 Anul 2018
As a result of the Constitutional Court’s Decision no. 759/2017, the individual employment contract will no longer cease to apply on the date of the communication of the pension decision in the case of the third degree invalidity pension. Labor relations will continue to exist in such a situation, but necessarily modified; they may also cease on another legal basis, for example, by parties agreement [Art. 55 lit. h of the Labor Code] or...
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Încetarea de drept a contractului individual de muncă potrivit Codului muncii
Numărul 1 Anul 2018
The situations in which the employment contract may be terminated include de jure termination [art. 55(a) of the Labour Code]. It is a termination under the law – ope legis – as a result of the will of the legislature. It occurs only in expressly provided cases; the contract is cancelled at the very moment of the occurrence of the termination cause without the intervention of the employer.
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Încetarea raporturilor de muncă prin acordul părților
Numărul 4 Anul 2017
Our law, unlike the French law does not establish the procedure to follow in case of termination of employment by mutual consent. Therefore, since this is, after all, a contract, we will use general rules of the common law regarding the offer (initiative termination of those relationships) and acceptance of the offer by its recipient. It is about the symmetry rule: the contract is the result of agreement – mutuus consensus – and in his ...
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