Articole din categoria: Anul 2023

Răspunderea juridică a studentului‑doctorand pentru încălcarea dispozițiilor legale în procesul de elaborare a tezei de doctorat potrivit noii legi a învățământului superior
Numărul 6 Anul 2023
Freedom of research enables the expansion of the boundaries of knowledge, recognizing researchers right to freedom of thought, expression and the possibility of choosing methods to approach problems, respecting recognized ethical principles and practices. The global academic community strongly opposes and uses all legal means to combat harmful behavior that undermines genuine scientific research conducted honestly and for the benefit of humanit...
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Consecințele schimbărilor climatice asupra forței de muncă
Numărul 6 Anul 2023
The present work aims to carry out an analysis of the effects that climate change can have on the workforce, capturing the new dynamics in the field of labor relations, in the current context. It is evident that the global phenomenon of climate change brings with it numerous negative aspects that can be found in all fields and in all aspects of human life. At the center of these changes is man, in his complexity, who is both a victim of climat...
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Indemnizația de neconcurență prevăzutăde Codul muncii. Clarificări privind regimul fiscal al contribuțiilor obligatorii
Numărul 6 Anul 2023
This research aims to analyze from the perspective of the fiscal regime the transposition of an obligation regarding the non-compete benefit apparently transposed only formally in the Labour Code, but in the context of the consequences it produces it is important to clarify its implications regarding the fiscal regime towards the legal subjects in legal relationships. The phrase non-compete benefit as it is regulated at the level of nat...
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Conceptul de lucrător – noi dimensiuni
The study aims to present and explain the concept of worker, as regulated by the European Union, by national rules, and as it results from the case law of the Court of Justice of the European Union. As mentioned above, in a narrow sense, a worker means a person who performs subordinate work for a beneficiary, in exchange for remuneration. In a broad sense, the term in question also concerns other persons: those looking for a job, the une...
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Dimensiunile incluziunii sociale
This paper defines the concepts of social inclusion and exclusion and poverty and highlights the interactions among them with a view to identifying ways of action that would contribute to enhancing social inclusion and limiting social marginalization while focusing on social security measures.
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Ghidul privind prevenirea și combaterea hărțuirii la locul de muncă – o nouă provocare a angajatorilor și lucrătorilor deopotrivă
Numărul 6 Anul 2023
The Decision of the Government of Romania no. 970 for the approval of the METHODOLOGY regarding the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace, brought back to the fore a sensitive subject in labour relations in Romania. This normative act should have been a genuine work tool necessary for professionals in the management of labour relations. However, after analyzing the formulation an...
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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...
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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...
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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 ...
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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...
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