The present article discusses the problematic aspects related to the concept of “disciplinary misconduct” in the light of jurisprudence. Given the lapidary content of the normative text, which does not include a list of facts that may constitute disciplinary misconduct, the jurisprudence is essential for the depth of nuances and for the identification of differences of interests in the relationship between employer and employees. All th...

Given the complexity of the disciplinary field, both from a normative and jurisprudential point of view, this article discusses the problematic aspects in relation to the method of summoning the employee to the disciplinary investigation – as a first stage of the disciplinary procedure – with an emphasis on the legal regime of teleworkers, in which case the prior disciplinary investigation procedure involves certain particularities. Th...

Given the complexity of the disciplinary field, both from a normative and jurisprudential point of view, this article discusses the problematic aspects in relation to the method of summoning the employee to the disciplinary investigation – as a first stage of the disciplinary procedure – with an emphasis on the legal regime of teleworkers, in which case the prior disciplinary investigation procedure involves certain particularities. The...

In particular, individual employment contracts may extend non-compete obligations and limit the activities performed by former employees even after the end of the employment contracts, by means of non-compete clauses. Such clauses are lawful under the current Labour Code, provided that they comply with applicable validity requirements. Nevertheless, the enforceability of non-compete clauses raises many issues in several international l...

When talking about labour laws, we are currently witnessing a revolution in the traditional way of working that is affecting all of us today. It involves a recognition of the importance of flexibility in individual employment relationships through the widespread use of telework. Apart from the advantage in terms of flexibility that teleworking offers in Romania, matters are not simple at all from the point of view of the applicable lega...

The policies of Member States constantly underline the utility of job sharing agreements in the labour fields as important instruments that respond certain flexibility needs coming from employees, thus ensuring an optimal balance between professional and personal life. Starting from these considerations, in this article we shall analyse some aspects related to the utility of this type of contract, eventuality of implementation in our co...

The European policies constantly underline the utility of part-time agreements in the labour fields as important instruments that respond certain flexibility needs coming from the employees, thus ensuring an optimal balance between the professional and personal life. From this perspective, the EU Directive 97/81/CE concerning the Framework Agreement on part-time work underlines, through its content, the importance of this work schedules...

The regulations specific to the labour agreement concluded for a determined period of time are provided under article 82 -87, Chapter VI, of the Labor Code. Although, in many ways, the transposing of the European Directive provisions in the internal legislation has been done in compliance with the general rules imposed by Directive, with respect to the consistency of the legal text and clarity of its writing, a series of notable particu...

Romania has recently taken a first step towards establishing an institutional and legal framework for teleworking programs, by proposing a bill aimed to regulate teleworking activities. The bill has been approved by the executive, which means that Romanian employees might soon be teleworking. At first sight, the process of regulating telework currently conducted on the Romanian labor market, is a major factor in developing the innovativ...