The situations in which the employment contract may be terminated include de jure termination [art. 55(a) of the Labour Code]. It is a termination under the law – ope legis – as a result of the will of the legislature. It occurs only in expressly provided cases; the contract is cancelled at the very moment of the occurrence of the termination cause without the intervention of the employer. ...

Alongside the labour conflicts referring to the censure of the dismissal decisions, the labour conflicts referring to the disciplinary sanction are frequently met in the courts judicial activity. A significant number of the law suits are solved to the disadvantage of the employer, given that the non-compliance by them, in the moment of the disciplinary decisions’ issuing, with the formal mandatory demands stipulated by the Labour Code. ...

An analysis of the Labour Code chapter on suspension of the employment contract may lead to the conclusion that some changes would be welcome, both in terms of form and material systematization and of substance of the law. In addition, the division of the suspension causes into the four situations, namely suspension „by law”, „at the employee’s inițiative”, „at the employer’s inițiative” and „by mutual consent” is marked by some legislative in...

The present article analyzes two of the situations of termination of the labor relations of judges and prosecutors, consisting not in a detailed explanation of the entire applicable procedure, but only for the purpose of highlighting unprecedented aspects and which refers to the hypothesis of disciplinary exclusion from the profession and retirement of the magistrate respectively. More specifically, the article locks, in the first case, to the...

In France was adopted in August 2016 labor law designed to reform labor law in this country. It has 123 articles and create or amend 300 articles of the Labour Code. An experts and practitioners commisoin assisted by the social partners, will propose a maximum period of two years, rewriting the french Labour Code. In essence, the new law refers to:– the specific work and leave;– training;– soci...

The working relations of the active subject of the offence of abuse of office constitutes an essential condition for its existence. The judicial nature, the regulating means or the origin of these reports are not relevant from the point of view of criminal liability. Thus, it is not critical that the working relations originate from the law or from a contract. However, the judicial nature of these working relations involves an analysis ...

Making the analysis of the incidence of substantial time limits covered by Labour Code will clearly have a signifi cant positive impact on internal judicial theory and practice, and it is obvious that there is a need to thoroughly analyse the two categories of time limits and the law institutions which are closely related to the application of both substantive and procedural time limits in the labour law. This brief analysis is intende...