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...

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...

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...

The article discusses the effects of the employee’s absences, especially the unmotivated ones, on the individual employment contract and disciplinary liability. In addition to the analysis of the way in which the employer regulates the conditions of unjustified absences, in the internal documents, the article also presents other types of absences regulated by the Labour Code as well as thestrategies available to the employer to reduce th...

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...

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...

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 ...

The repeal of the Law on social dialogue no. 62/2011 (and its replacement by Law no. 367/2022) also meant the removal of the text (under art. 210) according to which the settlement of labour disputes in the first instance expressly lay with the tribunals. Under the new conditions, it is necessary to establish this competence based on the general regulatory framework (in particular, art. 94 and art. 95 of the Civil Proc. Code), but also ...

The institution of employee representatives dates back to 1991, but its role has varied over time. Thus, initially, employees could designate their representatives only in the absence of a trade union. The law favoured trade union organization, providing only as an alternative the possibility for non-union employees to appoint their representatives in the relationship with the employer. With the Law on social dialogue no. 62/2011, the ...

75 years since the United Nations Organization voted on the Universal Declaration on Human Rights, on December 10, 1948, this paper is Part I of a synthesis of the evolution and development of the labour law from 2003, when the Labour Code was adopted, until October 2022; the focus is on the changes that were triggered by the SARS CoV-2 crisis. Part II, to be published in the next issue, shall further address the modifications that ensued fro...