At present, the use of the notions of seniority in work and their meaning preserves a series of more or less correct particularities generated by the history of regulation and of the rights that this notion attributes to a person. With a rich history of regulations, in which the name and the rights conferred on them have been changed successively, seniority appears as a landmark in the employment relationship, but its landmarks are oft...

Law no. 283 of 17 October 2022 for the amendment and completion of Law no. 53/2003 – Labour Code, as well as Government Emergency Ordinancep no. 57/2019 on the Administrative Code published in the Official Gazette no. 1013 of 19 October 2022 aimed at the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. Directive (EU)...

In the present article, it is proposed that labor law, through its specificity as a regulator of labor relations, should contain ecological norms that contribute to the improvement of the phenomena characteristic of the environmental crisis. To consider the obligations of economic agents, in their capacity as an employer, to ensure to a greater extent the health and safety of workers by reducing, even eliminating environmental risks from the w...

In order to correctly and clearly transpose the rules applicable in disciplinary matters to the teaching and research staff, auxiliary teaching and research staff, as well as to the management, guidance and control staff in higher education in case of breach of duties stipulated in the individual employment contract, as well as in case of violation of the rules of conduct, as they are terminologically formulated in a lacunary and confusing man...

This article is devoted to the presentation and analysis of legal provisions on collective agreements, that is, those agreements concluded in written form between public authorities or institutions and the legal representatives of public officials. These agreements are similar to collective agreements regulated by law in the case of employees. They shall bear a different name for at least two reasons: – concern the activity of p...

With the introduction in the Labor Code, expressis verbis, of the possibility of solving individual labor conflicts through the conciliation of the external consultant specializing in labor law, a series of problems were triggered, that might be related to the way of completion and communication in REVISAL of those solutions found by the parties of the labor relationship. Thus, the resolution of an individual labor conflict may concern aspect...

In this article, the focus is on collective trade union representation in Spain through trade unions, which is exercised through the trade union section and trade union delegations. The trade union section is nothing but the trade union that acts within the enterprise and exercises the faculties that legally correspond to it by the legal imperative. Thus, the creation of a trade union section by union-affiliated workers is not limited t...

In this article, the national and international norms that regulate trade union freedom in Italy are analyzed, among which we list: the Italian Constitution, the Conventions of the International Labor Organization no. 87/1948 and no. 98/1949, both ratified in Italy by Law no. 367 of March 23, 1958, etc. At the same time, the ownership of freedom of association and the „trade union” nature of the protected organization were also taken i...

The article analyzes, starting from the European legislation, the notions of working time and rest time as well as the less common situations that require a classification in one of these two notions. Moreover, the analysis of the case law of the Court of Justice of the European Union includes the discussion of concrete situations which have raised real problems of interpretation of the law inu this field, demonstrating that these two notions r...

In recent years, there has been a need to balance family and work life to make modern workplaces more responsive to increasingly diverse family needs. We see this type of leave as an important step towards that balance. Family care leave is a leave that protects the worker and helps them keep their job. It can be granted by the sick person’s oncologist to the worker’s relative to provide care or support.