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...

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...

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...

Home working and teleworking are increasingly used in employment relationships. They have proved their full usefulness especially during the Covid-19 pandemic, which is still ongoing. The greatest advantage of these forms of work is that they allow workers to combine work and private life. However, it is possible that employees may suffer accidents while working at home. The question is: is such an accident at work or not? Who is respons...

The article aims to present the legal framework that regulates the acquisition of the qualification of doctor, the recognition of professional titles obtained in other countries, the conditions under which the profession of doctor can be exercised in Romania and the remuneration of medical personnel.

This paper deals with the changes made in May 2023, Law no. 367/2022 regarding the social dialogue, related to the representation of the parts in the collective negotiation process. The priority of participating in the collective bargaining of trade union organizations at the unit level is analyzed, compared to the representation by elected employees/workers, in the conditions where there is no legally constituted trade union organization at t...

In this study, the non-compete clause is explained as a type of specific clauses of an individual employment contract, which results in a conventional restriction of work freedom. The author highlighted, primarily, the legal significance of the non-compete clause. In addition, the elements to be stated in the text of a non-compete clause were analysed, according to art. 531 para. (2) of the Labour Code of the Republic of Moldova, namely: the ge...

The given article is dedicated to the matter concerning the institution of social assistance which plays a decisive role in the realization by the state of a set of social services with the aim of prevention or removing some events considered social risks, ensuring a sustainable development, realizing the principle of social solidarity and ensuring the rights and freedoms established by national and international legislation. Social assistanc...

In the Republic of Moldova, the constitutional right to labor protection is also safeguarded by penal means, as art. 183 of the Criminal Code incriminates the act of violating labor protection rules. The criminal norm, a basis, must be analyzed in close connection with the provisions of the Labor Code, of Law no. 186-XVI/2008 on occupational safety and health and with other normative acts and regulations applicable in the field. The offense is...

The present article discusses the problematic aspects related to the concept of “disciplinary misconduct” in the light of jurisprudence. Given the lapidary content of the normative text, which does not include a list of facts that may constitute disciplinary misconduct, the jurisprudence is essential for the depth of nuances and for the identification of differences of interests in the relationship between employer and employees. All these jur...