Considerații privind calitatea procesuală a lucrătorilor în constatarea nulității absolute a contractului/acordului colectiv de muncă
Numărul 1 Anul 2018
In the judicial practice, different opinions emerged with regard to the possibility of the employee/civil servant to request the declaration of the absolute nullity of the collective labour agreement/contract when the damage is determined within the property of the employer, through a control act of the Court of Accounts. In solving this issue of law, the High Court of Cassation and Justice intervened by decision no. 17/2016 (the panel compete...
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Dobândirea calității de membru al Corpului diplomatic și consular
Numărul 1 Anul 2018
In this article the author aims to discuss in terms of texts Law no. 269/2003 becoming a member of the Diplomatic and Consular Corps in Romania. Thus, the author analyzes the conditions that are to be fulfilled for access to the profession.r
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Încetarea de drept a contractului individual de muncă potrivit Codului muncii
Numărul 1 Anul 2018
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.
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Dispoziţii ale noii legi a muncii franceze
Numărul 1 Anul 2017
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...
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Raporturile de funcţie – condiţie a abuzului în serviciu
Numărul 1 Anul 2017
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 ...
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Scurte consideraţii privind termenele substanţiale reglementate în Codul muncii
Numărul 1 Anul 2017
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...
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