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 Cont...

The practice of labor relations and the judicial practice in this matter encounter permanent difficulties in connection with the interpretation and application of provisions of labor law. Even if almost 18 years have passed since the entry into force of Law no. 53/2003 – Labor Code, a series of regulatory solutions contained in this normative act, most of which impose obligations on the employer in relation to employees, raises pr...

The article aims to highlight the particular considerations of the author regarding the request for a preliminary ruling in Case C-644/19, „Lucian Blaga” University of Sibiu etc. In this way, the author seeks to analyze and issue legally reasoned opinions on the subject-matter of the reference in question, namely: – whether there is discrimination within the meaning of European Union law as regards the employer’s ability t...

This article aims to provide updated information on the employment procedure of foreign citizens from non-EU countries, a topic of interest in the context of the labor crisis in Romania and the increase in labor migration with Romania’s accession the EU. We analyze the whole process of obtaining a long-stay visa for employment in the perspective of the legislative regulations in force in the field of labor immigration....

A stable legislative system that can provide the security and the trust to give to the population a high degree of confidence in the legal institutions of the state is recognized in all states of the world. A large number of rules that are often amended or changed do not bypass labor law and especially criminal liability in labor law. The current Romanian legislation, as it was adapted to the occasion of improving the criminal l...

The incidence of substantial time limits (extinctive prescription or loss of rights) regulated by the Labour Code certainly has a significant positive impact on internal judicial theory and practice, with the need to analyze as thoroughly as possible the two categories of substantial time limits, as well as the legal institutions that are closely related to their application in employment law. This analysis has the role to contri...

On the occasion of the 108th International Labor Conference, held in Geneva, was adopted, by a large majority (439 votes in favor, 7 against and 30 abstentions), Convention no. 190 of June 21, 2019 on the elimination of violence and harassment in the world of work, to which was added Recommendation no. 206 with a view to guiding the Member States in the application of the Convention.During the debates at the Conference, it was emp...

Labor relations in the 4th industrial revolution, as it is now called or Industry 4.0 is characterized by the increasingly rapid and complex digitization of the way of working. The worker is being helped more and more by digital systems, by artificial intelligence. Labor relations undergo notable changes compared to what we were taught. Digitization helps us to make more flexible our jobs, our work schedule, to work in a differen...

In the present article the author analyses rest time forms regulated during the work schedule (lunch break), the one at the end of the daily work schedule (daily rest), as well as the one at the end of the week (weekly rest). It is emphasized that working time cannot be continuous, as it is intersected or segmented by daily and weekly rest periods. There is a symbiosis between working time and rest time.

The present study aims to analyze the meaning of the notions of „civil servant”, „employee” and „contractual staff” in the vision of the Administrative Code. This normative act enshrined for the first time, in the legislative history of Romania, legal rules applicable to all categories of staff working in the public administration. Such a situation reveals a recognition by the legislator of the fact that, beyond the differ...