Părți in conflictele/Litigiile de muncă
Numărul 5 Anul 2021
The existence of a civil lawsuit cannot be conceived without the presence of two parties – at least – who have opposing interests: the plaintiff – who makes a claim (in this case the employee) and the defendant – against the claimant (the employer).
According to the provisions of the Labor Code, employees, trade unions and employers, as well as other legal or natural persons have this vocation.
Both labor disputes in the c...
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Revizuirea – cale extraordinară de atac în soluţionarea conflictelor de muncă
Numărul 4 Anul 2021
The revision is an extraordinary appeal of withdrawal and unsustainable of execution, which is exercised against the decisions pronounced on the merits or which evokes the merits and the reasons for revision are expressly and limitingly provided by art. 509 para. 1 pt. 1-11 C. pr. civ.
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O analiză a cadrului normativ privind registrul general de evidenţa salariaţilor
Numărul 4 Anul 2021
The general register of employees is a document whose source is found in Law no. 53/2003 on the Labor Code rep., With subsequent amendments and completions and which benefit from a normative framework approved by government decision. This normative framework establishes rights and obligations for both parties of the individual employment contract, so we intend to analyze in certain particular cases, the capacity of the employee and the e...
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Efectuarea pontajului pe baza amprentei. Ingerinţă în viaţa privată
Numărul 4 Anul 2021
The article aim is to analyze the legislation and jurisprudence regarding the use of biometric data by employers in order to establish the working time and to present which are the legal possibilities available to an employee who does not agree with the use of his biometric data.
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Câteva consideraţii cu privire la activităţile prestate în baza unui contract individual de muncă, ce nasc drepturi de autor şi drepturi conexe. Studiu de caz asupra legislaţiei româneşti
Numărul 4 Anul 2021
In the frame of an employment relationships, the performance of duties is an obligation of the employee. However, under Law no. 8/1996 on copyright and related rights republished, with subsequent amendments and completions, the employee may acquire property rights in the form of copyright and related rights on some results of his work, under certain conditions.
What are the limits within which the two parties – the employee...
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Roboţii şi forţa de muncă
Numărul 4 Anul 2021
Robot work is increasingly present in our lives. The robots were created by man to help him in his professional activity, but also in the household.
Experts say that humanity is currently experiencing a new industrial revolution – the fourth, determined by the expansion of artificial intelligence, indispensable in robotics, but also in other cutting-edge fields, such as the Internet and wireless technology. Thanks to artificial i...
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Digitalizarea contractului individual de muncă, încheierea, derularea şi încetarea în format electronic a acestui document, cu semnătură electronică
Numărul 4 Anul 2021
The need for efficiency and continuous improvement of employment relations, as well as the need to simplify procedures specific to the human resources activity, require the regulation of the employer’s possibility of using the advanced electronic signature or qualified electronic signature accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer when concluding the indiv...
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Locurile de muncă în contextul actual al digitalizării
Numărul 4 Anul 2021
The development of digitization, including artificial intelligence, has increased greatly, especially at a time when the need to protect workers in companies has increased and is more isolated, however, there is a need to continue their work.
Artificial intelligence, self-learning algorithms, natural language processing, portable devices, ‘smart’ machines, it already means the future of collaboration between people and technology...
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Asemănări şi deosebiri între contractul individual de telemuncă şi contractul individual de muncă la domiciliu – cu accent pe abrogarea lit. c) de la alin. (2) al art. 5 din Legea nr. 81/2018 –
Numărul 4 Anul 2021
Starting from the most important similarities between the individual telework agreement and the individual work from home employment agreement, we want to point out, that as regards the differences, the most important one with many implications relating to other differences, which, moreover, was originally based on an important similarity linked to the place of work (an element which confers the specificity of work from home), we believ...
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Consideraţii referitoare la modificările recente aduse prin Ordonanţa de urgenţă a Guvernului nr. 37/2021 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii
Numărul 4 Anul 2021
In order to create favourable conditions for the development of the business environment and the need to simplify the procedures specific to the human resources activity, especially for micro-enterprises, the G.E.O. no. 37/2021 for the amendment and completion of Law no. 53/2003 of the Labour Code was adopted. For micro-enterprise employers, the normative act eliminated the obligation to draw up the job description for the employees, e...
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