Articole din categoria: Anul 2018

Consideraţii privind individualizarea sancţiunii disciplinare; sancțiunea intermediară
Numărul 6 Anul 2018
In case of admitting the complaint against the disciplinary sanction of termination of the individual employment contract, the court may itself establish the application of another disciplinary sanction, necessarily more lenient. They were called intermediate sanctions. These lie between the most lenient sanction, namely the written warning and the most serious, the disciplinary termination of the individual employment contract. By replacing ...
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Aspecte privind compensarea muncii suplimentare, a muncii în zilele de repaus săptămânal și a muncii în zilele de sărbătoare legală
Numărul 6 Anul 2018
Compensation of overtime, of work on week-ends and of work on legal holidays generates practical difficulties. Moreover, employers face situations when the employees perform overtime on week-ends, on legal holidays or on days which are at the same time on week-ends and on legal holidays. Our article aims at clarifying the manners to be observed by employers in order to compensate the employees’ work in these situations.
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Organizarea, funcționarea și atribuțiile compartimentelor de resurse umane în Franța
Numărul 6 Anul 2018
In recent years, in order to ensure their sustainability, Small and Medium Sized Enterprises (SMEs) in France have been increasingly obliged to employ competent staff to motivate them and to be prepared to outface with the growing challenges of in the workplace. In this context, the objective of the representatives of the Ministry of Economy together with the representatives of the University of Applied Sciences in Business Psychology in Franc...
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Raporturile juridice de muncă (de serviciu) ale militarilor
Numărul 6 Anul 2018
The author analyzes the service legal relations of the military – a kind of legal relations, which are based on the provisions of Law no. 80/1995. Professional soldiers and gradated constitute a distinct body of military personnel recruited on a voluntary basis and at the base of the military hierarchy that are subject to the regime established by Law no. 384/2006.
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Particularitatea prejudiciului cauzat prin nerespectarea normelor cu privire la bunul găsit
Numărul 6 Anul 2018
We are in the contemporary period when human being creates damages either to properties or to non-property. He would like to give back time and recover the wrong done, but it’s impossible. Thus, the legislature has established the civil sanctions to repair the damages and restore the previous situation without need to search for the impossible. ...
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Dezvoltarea dreptului muncii în România după Marea Unire, până în anul 1940
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
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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Regimul juridic privind acordarea biletelor de valoare angajaţilor
Numărul 5 Anul 2018
A recent regulatory act, applicable next year, governs in a unitary manner a series of benefits granted to employees in the form of vouchers, which include meal vouchers, gift vouchers, nursery vouchers, cultural vouchers and holiday vouchers. The new provisions outline an appropriate legal framework for providing such benefits both on paper and in electronic form.
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Contractul de activitate sportivă – o reglementare legală inutilă
Law no. 69/2000 regulates in the case of performance sportsmen the possibility of performing the activities within a sports structure by concluding either an individual labor contract or a sportive activity contract. This legal solution gives birth to confusions regarding the juridical regime applicable.
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Câteva consideraţii referitoare la reglementarea și acordarea daunelor morale în raportul de muncă
Numărul 5 Anul 2018
According to the legal regulations from the Labour Code, moral damages can be granted only if the employee is injured by the employer during the execution of the individual labour contract. The acknowledgement of moral damages and the determination of the amount of moral damages in the labour disputes may be a challenge just as it is in the case of civil litigations. The court has the task of ordering the administration of the appropriate evid...
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