This article is generated by a case decided by the courts specialized in settling employment disputes in Bucharest and by the comments on this topic published in the journal Dreptul no. 10/2020. It is noted, which is an error, that the courts confused dismissal with the termination of the individual employment contract during the trial period. On the contrary, these are two distinct ways of permanently terminating...

Until the publication of Law no. 213/2020, the alternative resolution of individual employment disputes was possible only based on the provisions contained in the Mediation Law no. 192/2006. At present, at the conclusion of the individual employment contract or during its performance, the parties may include in the contract a clause by which they establish that any individual employment dispute is settled amicably, through the conc...

The express prohibition of the confidentiality clause in the individual employment agreement for the contractual personnel from the public administration results from the provisions of the Administrative Code. On the other hand, the obligation to respect the confidentiality of information exempted from free access to information of public interest is maintained. In other words, the provisions on confidentiality in...

In its general sense, the term 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 form of leisure, but not of leisure time. Theoretical and practical leave of accommodation is the 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 Code. ...

In this article, the author analyzes the disciplinary liability of civil servants – a form of legal liability. Disciplinary offenses committed by this category of staff, sanctions and the procedure for their application shall be taken into account. Key...

The amendments to the Labour Code brought by the new Law no. 213/2020 (entered into force on 3 October 2020) have already sparked some controversery, especially with regard to the role of the new actors introduced in the legal landscape of the Romanian Labour Code, which – it was argued – would unnecessary duplicate the lawyer’s assistance during the course of the employment relationship. The paper aims to examine the opp...

In this article, the author analyzes the material liability of the military – a specific form of liability for damages. The conditions of liability, the causes which remove the unlawfulness of the act and the procedure for establishing and recovering damages shall be taken into account.

The criminal liability of the employer in labor law attests the importance given by the legislative authorities to the protection of employees, not only by establishing detailed of legal provisions on labor law, but also by sanctioning those employers who, in the way how they exercise their assumed obligations, they actually do not respect the rights of their employees under the Collective Labor Agreement, the Individual Employment Contract, o...

To the typology of individual labor contracts in the private and public sector traditionally regulated by the Labor Code and other relevant normative acts, new individual labor contracts for public administration have been added through the Administrative Code, which has also produced a slight diversification also with regard to the administrative act of appointment to public office. All these contracts are part of a large system of ind...

In this article, the author analyzes the civil liability of civil servants – a form of legal liability that resides in a legal relationship of obligations in which the responsible person must repair the unfair damage suffered by another person. The conditions and cases of civil liability, as well as the procedure for establishing and recovering damages, are taken into account.