Convenția Organizației Internaționale a Muncii nr. 190/2019 privind eliminarea violenței și hărțuirii în lumea muncii
Numărul 3 Anul 2020
On the occasion of the 108th International Labor Conference, held in Geneva, was adopted, by a large majority (439 votes in favor, 7 against and 30 abstentions), Convention no. 190 of June 21, 2019 on the elimination of violence and harassment in the world of work, to which was added Recommendation no. 206 with a view to guiding the Member States in the application of the Convention.During the debates at the Conference, it was emphasized...
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Sinteză de practică judiciară privind concedierea întemeiată pe dispoziţiile art. 65 din Codul muncii
Numărul 2 Anul 2020
One of the most frequent dismissal cases encountered in practice is dismissal based on the provisions of art. 65 of the Labor Code.
The courts, faced with the numerous appeals introduced by the dismissed workers, have made important clarifications regarding the meaning of the respective text, namely: what means „dismissal for reasons pertaining to the person of the employee”, the organizational prerogative limits ...
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Durata redusă a timpului de muncă
Numărul 1 Anul 2020
In accordance with the international and European norms, our legislation regulates, as an exception, the short duration of working time.
Such duration can be directly arranged by the legislature, for example, in the case of young people up to 18 years old or in the case of employees who work under special conditions or left exclusively within the reach of the two parts of the employment relationships (employer-empl...
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Încetarea raporturilor de muncă în cazul pensionării
Numărul 6 Anul 2019
With general character, art. 56 of the Labor Code regulates the termination of the existing individual employment contract in several situations, a printer which includes:
– at the date of cumulative fulfillment of the standard age conditions and the minimum contribution period;
– at the date of communication of the pension decision in the case of the invalidity pension of the third deg...
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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, meaning t...
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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, early...
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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 most imp...
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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 already use...
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