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...

Daily rest and weekly rest are forms of rest time, each with its own physiognomy and purpose. At the same time, they constitute employee/worker rights that must be strictly respected by the employer. The rule is that the daily rest precedes the weekly; the first does not intersect with the second, but they are cumulative as ruled by the Court of Justice of the European Union by the Decision of March 2, 2023.

The European Court of Human Rights is a higher court than the national ones, to which the litigants from the member countries of the Council of Europe, dissatisfied with the fi nal solutions handed down by the national courts, can appeal. The referral to the Court takes place with strict compliance with the elements provided in art. 47 of the Regulation. The lack of such an element, even the last signature, makes the request inadmissib...

The new amendments and completions to the Labour Code brought by the adoption of Law no. 283/2022 required the adoption of a new framework model of the individual employment contract. It was established by the Order of the Minister of Labour and Social Solidarity no. 2171/2022 and is made available to employees and employers by publication on the website of the Labour Inspection. For the proper development of labour relations, the parti...

Decision no. 405/2016 of the Constitutional Court of Romania established new standards of clarity and predictability in the matter of abuse of office, related to the duties of the active subject of this crime. If, immediately after the appearance of this reference decision, the issue of the impossibility of mentioning, exclusively by means of a primary legislative act, the duties of the service, transforming the normative act into a real job d...

This study aims to highlight the legislative evolution in the field of equal protection and recognition before the law of persons with disabilities. Historically, in the legal systems worldwide, people with disabilities stand out among all the groups that have been arbitrarily and prejudicially denied the right to full legal capacity. Not all forms of disability cause changes in legal capacity, but only psychosocial and intellectual disabilitie...

The purpose of this article is to present the legislation applicable to contractual staff from within public institutions and authorities. Keywords: contractual staff, public institutions, public authorities

The article debates the regulation of the concept of victimization in the national legislation, while also analyzing the regulations of European law with an impact on the definition of this term. The author concludes that a rethinking of the regulation is necessary so that revenge entailed by acts lacking legal force acquires the value of victimization (for example, a memorandum). The circumstance of the violation of the principle of non-discr...