Articole din categoria: Anul 2023

Prestarea unei activităţi profesionale într-o situaţie atipică
The aims of the article are to analyse an atypical situation, derogating from the provisions of the Labor Code for the provision of a professional activity within a public institution. Keywords: public institution, atypica...
Citește mai mult
Încetarea contractului individual de muncă în perioada de probă
By art. 31 paragraph 3 of the Labor Code introduced a simple and quick way to terminate the individual employment contract, at the initiative of either of the two contracting parties (employer or employee). According to this text, the respective contract can be terminated exclusively, during or at the end of the trial period by a written notification, without notice at the initiative of either party. Without needing to justify it.
Citește mai mult
Universul muncii în schimbare. Confluenţa dreptului muncii românesc cu dreptul european al muncii
Labour is, by its unique specificity and identity, the defining force that empowers human societies that include people that are similarly defined by their own particular and identity-related features. At the same time, labour is performed as an essentially social process as it is both the result of individual accumulations of knowledge, aptitudes, skills and competences and a consequence of the individual’s interaction with others...
Citește mai mult
Concedierea și termenul de preaviz
The right to notice in case of dismissal is an essential guarantee of the right to work and a component of the right to information that manifests itself from the conclusion of the employment contract until its final termination. This study aims to identify the contradictory practice of the courts regarding the method of calculating the notice period and illustrates from a historical perspective the legal regulations of the law, as well as the...
Citește mai mult
Reflectarea principiului privind echilibrul dintre viaţa profesională și cea privată în legislaţia română
Romania is one of the Member States of the European Union whose citizens are faced with a serious imbalance between work and private life, and the negative effects of this phenomenon are felt not only in the field of labour relations, but also at the socio-economic level (birth rate, lower employment rate, increased economic dependency ratio, etc.). The aim of this article is to analyse the effectiveness of the legislative measures adopted in ...
Citește mai mult
Particularităţile sarcinii probei în litigiile de contencios administrativ
Numărul 5 Anul 2023
This article aims to identify the particularities that affect the burden of proof in disputes judged according to the rules governed by the Administrative Litigation Law no. 554/2004, in correspondence with the analysis of the legislator’s will regarding the mentioned institution which, over time, during the civil process, granted the public authorities, in the disputes concerning public officials, an atypical position compared to the civil cas...
Citește mai mult
Din nou despre acordurile, convenţiile și înţelegerile care pot fi încheiate între partenerii sociali conform principiului recunoașterii reciproce
The possibility of social partners concluding agreements, conventions, understandings, other than the collective labor contract, was regulated for the first time by Law no. 62/2011 of social dialogue. The original normative act, established in art. 153 the general framework in which these legal acts could be concluded. In the context of Law no. 367/2022 on social dialogue, the legislator kept the previous legal approach, adding two more import...
Citește mai mult
Interpretarea normei juridice: studiu de caz – refuzul instanţelor de a prelungi detașarea specialiștilor antifraudă în cadrul unităţilor de parchet
Numărul 4 Anul 2023
The interpretation of legal norms represents the process by which their meaning is determined in order to apply them in practice. This process is essential in any legal system, including Romanian law, because it allows the settlement of legal issues and ensures consistency in the application of legal norms. In Romanian law, the interpretation of legal norms is carried out by the authorities and the courts, in the proceedings. In this regard, t...
Citește mai mult
Dificultăţi în înregistrarea contractelor colective de muncă la nivelul unităţii
Numărul 4 Anul 2023
This article is intended to present and analyze the legal provisions regarding the registration of collective labor contracts, in order to avoid the refusal of the registration of collective labor contracts by the competent authority. Thus, the faster resolution of registration of collective labor contracts, can look at issues related to the summoning of interested parties to participate in the negotiation, power of attorney granted in order ...
Citește mai mult
Consideraţii cu privire la statutul lucrătorului cultural profesionist
Numărul 4 Anul 2023
The article presents the legal grounds on which this type of activity can be performed and presents aspects of the malfunction of the regulations contained in Government Ordinance no. 21/2023. In carrying out his activity, the professional cultural worker concludes contracts for the assignment of patrimonial rights relating to copyright or a contract for carrying out cultural activity, the condition being registration as a professional cultur...
Citește mai mult