Articole din categoria: Anul 2022

Consideraţii privind jurisprudenţa recentă a Curţii de Justiţie a Uniunii Europene cu privire la noţiunea de timp de muncă şi impactul acesteia asupra dreptului intern
Numărul 4 Anul 2022
The Court of Justice of the European Union has relatively recently issued judgments on the interpretation of the notion of “working time” in art. 2 of Directive no. 2003/88/EC concerning certain aspects of the organisation of working time. The judgments are aimed at clarifying the time spent by a worker for participating in professional training courses organized by the employer, outside of the usual time and place of work, and, on the ...
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Acordarea dobânzilor la sumele prevăzute în hotărâri judecătoreşti privind drepturile salariale ale personalului din sectorul bugetar
Numărul 4 Anul 2022
The law provides for the granting of remunerative interest or penalty interest in relation to the specificity of each other, but in order to grant them, a court decision is needed. At the same time, it appears irrelevant that the principal obligation is paid in instalments, the interest being due regardless of whether or not the obligations are fulfilled uno ictu, this by virtue of the principle of full compensation of the damage.U...
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Regimul juridic al accidentelor de muncă și a bolilor profesionale
Numărul 3 Anul 2022
Economically active people spend around a third of their time at work. Working conditions play a significant role in the employee’s health. In good cases, they provide the opportunity for personal development, increase the socio-professional level and provide protection from occupational risks. On the other hand, they also contribute indirectly and directly to the improvement of social relations, self-esteem and the development of...
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Aportul dreptului muncii la gestionarea riscurilor de mediu
The article analyzes the impact of the ecological transition on the employers’ obligations to make changes in order to act in assessing and combating the negative consequences of their activity on the environment. Ecological imperatives therefore penetrate the rules that govern professional relations, having consequences in the fi eld of labour law as well. The author indicates and analyzes the regulations with an impact in this ...
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O reglementare mult așteptată – activitatea prestatorului casnic
Numărul 3 Anul 2022
Prior to the adoption of Law no. 111/2022 on the regulation of the activity of the domestic provider, the labor legislation did not contain special provisions on this aspect. Domestic activity is occasional, unqualified, carried out by a domestic provider in connection with the household/households of a family or a single person, as a domestic beneficiary. The activities carried out by people who occasionally practice the profession of...
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Scurte consideraţii privind raporturile juridice de muncă ale magistraţilor
Numărul 3 Anul 2022
The performance of work is carried out within social relations which, once regulated by legal norms, become, as a rule, legal labor relations. This category includes the employment (service) relationships of civil or military civil servants, of soldiers and volunteer ranks, of persons holding public dignity, of magistrates and assistant magistrates, of specialized auxiliary staff in courts and prosecutor’s offices on in addition ...
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Solidaritate și accesul pe piaţa muncii din România pentru cetăţenii ucraineni
Numărul 3 Anul 2022
Romania has decided to help Ukrainian citizens with all its efforts in response to the humanitarian refugee crisis caused by Russian invasion of Ukraine. The aid is carried out on two levels – emergency assistance and a protection plan developed to ensure medium and long-term protection and inclusion measures for Ukrainian refugees who choose to live and work in Romania.
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Theoretical and practical analysis on the quality of active subject of the corruption offenses of the bank clerk in the sense of his assimilation to the civil servant
Numărul 2 Anul 2022
The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the pri...
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Legea aplicabilă contractului individual de muncă cu element de extraneitate. Privire specială asupra șoferilor de camioane
The judgment of the Court of Justice of the European Union of 15 July 2021, in cases C-158/20 and C-218/20, called into question the law applicable to the individual employment contract with an element of foreignness, with special regard to Romanian truck drivers road transport activities in other European countries. In such a case, the applicable legislation shall be determined in accordance with the provisions of Regulation (EC...
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Detașarea polițiștilor în cadrul unităților de parchet
Numărul 2 Anul 2022
The socio-economic or professional realities encountered on the labour market have shown that the institution of posting is not theoretical and virtual, but useful, real and very common on this market. Quite often, employers ask each other for help in lending, for a certain period of time, qualified labour in order to achieve the proposed economic goal or to provide services to the population, if their own staff is insufficient or, for c...
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