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.

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. ...

Since the entry into force of Law no. 176/2018 on internship, different points of view regarding the legal nature of this contract have been formulated in the legal doctrine. This study opts for the characterization of the internship contract as a sui generis contract, which is part of the category of contracts conventionally called employment law contracts (and not employment contracts). ...

Law no. 145/2019, which regulates the special status of penitentiary police officers, conferred by the nature of the work tasks that involve special duties and risks, expressly repealed Law no. 293/2004 on the Statute of civil servants with special status in the National Administration of Penitentiaries. The new regulation has a series of provisions regarding the penitentiary police officers who are vested with the exercise ...

The management of the employees’ skills depends essentially on the initial professional evaluation by means of the prior verification of the professional/personal skills/abilities of the persons who request the employment in relation to the forecast job descriptions and the work load/working time (for each position) which has to be performed during the full-time, part-time schedule, according to the law. The duties in the job...

The Administrative Code brings together the whole issue of organizing and operating public institutions, staff status and administrative accountability. Administrative-disciplinary liability is a new concept that changes the vision of disciplinary law. The civil servant dissatisfied with the sanction applied may address the administrative court requesting the cancellation or modification of the sanctioning act. Contractual...

This article aims to tackle a number of issues arising in connection with the probationary period, regulated under the Romanian Labor Code. Concretely, the paper scrutinizes the optional character of the clause regarding the probationary period, the consequences arising from the case where the employer fails to inform the employee on the probationary period, prior to the conclusion of the individual employment agreement, the l...

This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the appl...

European Labor Law has recently undergone a process of transformation, a series of documents of political and normative value being adopted at the level of the European Union. Among these, especially important are the European Pillar of Social Rights, the draft Directive on the transparency and predictability of working conditions in the European Union and the Regulation establishing the future European Labor Authority &#8211...

This particular individual labor contract raises problems in practice through differences in law enforcement for the Romanian employer party to such a contract with either a EU teleworker or a non-EU teleworker who works in the country of origin, as a rule – at his or her domicile (or at his/her place of residence) as well as in other places not organized by the employer – but also occasionally/ as an exception in...