Confuzii cu repetiţie între concediere şi încetarea contractului individual de muncă în perioada de probă
Numărul 6 Anul 2020
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...
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O nouă modalitate de soluţionare amiabilă a conflictelor individuale de muncă
Numărul 6 Anul 2020
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...
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Consideraţii privind interdicţia expresă a clauzei de confidenţialitate în contractul individual de muncă al personalului contractual din administraţia publică
Numărul 6 Anul 2020
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...
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Legea nr. 273/2004 privind procedura adopţiei. Concediu de acomodare comentat prin prisma adopţiei interne şi internaţionale. Asemănări şi deosebiri
Numărul 6 Anul 2020
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. ...
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Răspunderea disciplinară a funcţionarilor publici
Numărul 6 Anul 2020
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...
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Consideraţii privind modificările aduse de Legea nr. 213/2020 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii
Numărul 6 Anul 2020
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...
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Răspunderea materială a militarilor
Numărul 6 Anul 2020
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.
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Sistemul contractelor individuale de muncă din sectorul privat și public versus sistemul actelor administrative de numire în funcţia publică
Numărul 5 Anul 2020
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...
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Răspunderea civilă a funcţionarilor publici
Numărul 5 Anul 2020
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.
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Răspunderea disciplinară a militarilor
Numărul 5 Anul 2020
In this article, the author analyzes the disciplinary liability of the military. The disciplinary offenses and sanctions of this category of personnel, the disciplinary sanctioning procedure, the means of appeal and the cancellation of the disciplinary sanctions applied to the military are taken into account.
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