Articole din categoria: Anul 2019

Modifi carea unilaterală a fi șei postului de către angajator
The job description has always been a controversial topic in employment relationships, being among the most debated aspects of the individual employment contract. The lack of an explicit and detailed regulation of the structure and content of this document has given rise to numerous intrigues and dilemmas among employers and employees, especially in times of conflict. The most sensitive point in the employee-employer relationship is the possi...
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Dreptul angajaţilor la indemnizaţia de concediu, după încetarea raporturilor de muncă potrivit Curţii Europene de Justiţie
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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Consideraţii cu privire la natura juridică a contractului de internship
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).
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Unele aspecte de noutate în privinţa raportului de muncă (de serviciu) al politiştilor de penitenciare
Numărul 4 Anul 2019
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police officers, conferred by the nature of the work tasks that involve special duties and risks, expressly repealed Law no. 293/2004 on the Statute of civil servants with special status in the National Administration of Penitentiaries.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 of publ...
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Flexibilitatea funcţională sau cum acoperim nevoia de forţa de muncă: cumul de funcţii, cumul de atribuţii sau ore suplimentare?
Numărul 4 Anul 2019
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 descri...
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Noua reglementare a răspunderii administrativ-disciplinare a funcţionarilor publici
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 staff ...
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Consideraţii referitoare la regimul juridic al perioadei de probă
Numărul 4 Anul 2019
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 length o...
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Problematica admisibilităţii clauzei penale în domeniul raporturilor de muncă
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 application...
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Concediu de acomodare rezultat al Legii nr. 273/2004 privind procedura adopţiei
Numărul 3 Anul 2019
In its general sense, the terms of leave determines any period of time in which employees are not required, according to the law, to perform work. As a result, all holidays are a form of leisure, but not of leisure time. Theoretical and practical leave of accomodation is de result of the adoption of the Law no. 273/2004, which stipulates the right of obligation of employers and employees, similar to those regulated by the Labor Cod...
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Aplicarea prevederilor legale în managementul resurselor umane
Numărul 3 Anul 2019
The Human Resources Departments’ management tasks can be divided in relation to the following main activities, such as: efficient management and administration according to legislation, abilities acquisition and development and employee loyalty. Some of the human resources management activities necessitate the management requirements. However, most of the human management activities are ruled, in particular, by labor law norms. The...
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