Aspecte teoretice și practice în interpretarea și aplicarea Legii nr. 367/2022 privind dialogul social. Observaţii punctuale
Numărul 5 Anul 2024
As of December 25, 2022, a new law on social dialogue entered into force; it is Law no. 367/2022 on social dialogue, published in the Official Gazette, Part I no. 1238 of 22 December 2022, which repeals on the date of its entry into force the Social Dialogue Law no. 62/2011, published in the Official Gazette, Part I no. 322 of 10 May 2011 and republished in the Official Gazette, Part I no. 625 of 31 August 2012. This new law on social dia...
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Contractul individual de muncă pe perioadă determinată în sistemul de drept românesc
Numărul 5 Anul 2024
The article examines the individual fixed-term employment contract in the context of the Romanian legislation, highlighting its definition, distinctive features and legal characteristics. The contract must be concluded in written form and include essential elements such as the duration, object of work and salary conditions. The employee benefits from the same rights as in the case of the contract for an indefinite period. The individual fixed...
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Opinii cu privire la capacitatea de muncă a copiilor
Numărul 5 Anul 2024
The idea of the study was inspired by the existence of substantive differences between the provisions of art. 49 para. (4) of the Constitution and some provisions of Council Directive 94/33CE of June 24, 1994 on the protection of young people at work. Along with the presentation of these differences, I proposed the substantiation of a legal remedy for the reported situation. At the same time, there are some differences betwee...
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Libertatea de exprimare a angajaţilor
Numărul 4 Anul 2024
A case settled by the European Court of Human Rights concerned the freedom of expression of an employee. The latter, employed as an expert I.T., a computer engineer, sent an email from his professional mailbox to the company’s human resources department criticizing the managerial projects of the chairman of the board of directors. The employee complained about the high workload, the reduction of compensations for knowledge of foreign la...
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Critica unei hotărâri judecătorești
Numărul 3 Anul 2024
In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court of firs...
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Încetarea de drept a contractelor de muncă în cazul desființării angajatorului. Aspecte teoretice și practice
Numărul 3 Anul 2024
In the cases presented below, we aim to analyze the situations in which the legal entity employer can still be held liable for non-payment of salaries after its dissolution. According to the Labor Code, the employment contracts of employed employees terminate by law. Therefore, we consider that the employer can no longer be held responsible for the non-payment of wages after its dissolution, as it is not a question of outstanding wages. The e...
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Răspunderea juridică a personalului din învățământul superior pentru nerespectarea regimului conflictului de interese potrivit Legii nr. 199/2023
Numărul 3 Anul 2024
The situation of conflicts of interest has raised concerns not only domestically but also internationally, forming the subject of specific regulations, from which higher education is not and should not be an exception. The staff in higher education has rights and duties deriving from the university charter, from the Code of ethics and university deontology, from the individual employment contract, as well as from the legislation in force. Arti...
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Care este primul Cod al muncii din România?
Numărul 3 Anul 2024
The labor law doctrine did not agree on the first Labor Code, but there is no work that really dedicates itself to an in-depth study of this issue.
Thus, in the specialized legal literature it was considered that the first Labor Code constituted either the Labor Contracts Law of 1929 or the Labor Code of 1950, and later the third hypothesis was issued, namely the first Labor Code to constitute the Law for the Organization of Trades, Cr...
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Digitalizarea în sectorul agricol
Numărul 3 Anul 2024
Digitization is a global phenomenon that has penetrated all sectors of activity. Agriculture has become a field where digitization has found specific forms of manifestation starting from simple forms such as adding controllers and GPS to existing field machines and variable spreading rate technologies (VRT) to robots, drones, and driverless vehicle technology and Internet of Things (IoT) technology. All these forms of manifestation of artific...
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Contractul de administrare a secției/laboratorului sau serviciului medical din cadrul spitalului public – act adițional la contractul individual de muncă sau caz de suspendare de drept a contractului individual de muncă cu spitalului public (!?!)
Numărul 3 Anul 2024
This article aims to provide a theoretical and practical perspective on the contract for the administration of the department/laboratory or medical service within the public hospital and especially to draw attention to the legislative inconsistencies regarding the confusion between the individual work relationships of the doctor with the public hospital and the exercise of the function based on the management contract.
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