The article presents the legal and social context of the establishment of the European Labor Authority (ELA) and its objectives. ELA will start operations in 2019 and will be fully operational in 2024. ELA will facilitate access to information on rights and obligations regarding labour mobility, enhance cooperation between Member States in the enforcement of relevant Union law, mediate and facilitate a solution in cases of cross-bo...

The theme chosen for the article is a topical one, on which many opinions have been formulated by many specialists, but in practice there are still questions that have not found the answers. I mention that in the studied literature I have found studies undergoing systematic researches to highlight the issues addressed: Consular assistance and protection offered to European citizens through diplomatic missions/consular offices of Romania. ...

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...

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...

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...

The Labor Code regulates the general framework of the assignment institution within the employment relation, which also applies to employment relations governed by special laws, only insofar as they do not contain specific derogating provisions. Concerning judges and prosecutors, we identify in a series of normative acts a form of assignment which represents the exception from the form established in the common law, the Labor Code, and even f...

The individual employment contract may cease in law in certain cases expressly regulated by the legislator. Termination of the contract with the retirement of the employee is probably one of the ways that created the most controversy in the literature and in practice. The most recent changes, though proposing a different perspective on the text, we believe will create blurring in their transposition. However, the text of the law restores...

The paper seeks to identify and develop the arguments that support the unconstitutionality of the provisions of art. 50 lit. e) of the Labor Code, according to which: „The individual labor contract is legally suspended in the following situations: (…) e) the performance of a managerial position paid in Union”. The starting point for this scientific approach is the lifting of the unconstitutionality of the provisions mentioned befo...

The transfer of employees – foreign citizens – that render work on the territory of Romania, as per the provisions of Law no. 67/2006, represents a particular situation that is not expressly regulated, which needs clarifications as regards its implementation, especially with respect to the formalities to which the new employer is compelled to in relation with the General Immigration Office. Without setting out the aim of an exhaustive a...

A flexible approach upon setting the working hours represents a common desire for both employees and companies. This article aims at identifying the options provided by the applicable legal framework which enable such flexibility, as well as at analyzing the coordinates of such flexibility with respect to each identified alternative. ...