As a result of the most recent amendments to the Labour Code, the scope of categories of individuals to whom certain provisions of labour legislation apply has been expanded, as has the definition of the labour relationship. Not only employees but also workers performing activities under a labour relationship not based on an employment contract benefit from certain protective rules. The conclusion of a labour relationship not based on an empl...

The geographical mobility of the employee is left to the parties to the individual employment contract. Under the law, they have the freedom to circumscribe the conditions under which they act and its limits. The conventionally assumed geographical mobility means that the change of the employee’s workplace by the employer cannot be considered a unilateral modification of the individual employment contract. By agreement of the parties, the con...

In the field of organizational psychology, we have recently witnessed the emergence of lesser-known phenomena that imp act the work environment. Among them is the phenomenon of gaslighting. Precisely because of the novelty of the notion, the study probes the subjective perception of the participants related to the existence of the phenomenon but also of the protective norms in front of it. From the answers of the participants it follows that t...

In the context of the appearance, on 25 December 2022, of a new legislative context concerning social dialogue (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 Law on Social Dialogue 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 August 31,...

The article aims is to analyse the legal remedies available to the victim of workplace harassment, as well as the measures that can be taken by the employer and the conditions under which the employer can take these measures in the situation where he has been notified of a case of harassment based on gender or moral harassment at the workplace. ...

The regulation of a fixed term individual employment contract, done in line with the provisions of the Labor Code of the Republic of Moldova, addresses this category of contracts as an exception to the rule for concluding indefinite term employment contracts. This study discusses the issue of timely termination of fixed term individual employment contracts. The right calculation of the validity term of an individual employment contract a...

Good faith is a concept recognized by the fundamental law itself so that it can later be given the status of a general principle in both civil and labor law. As far as working relations are concerned, good faith must manifest itself both at the time of their conclusion and later in the course of their work and translates into a loyalty or fidelity which the parties, whether individual or collective, must manifest to each other. The overcoming...

Sexual harassment in the workplace is an increasingly common phenomenon among employees, which through its actions affects both the person in question and the image of the company they work for. Beyond the consequences of labor law, the seriousness of the harassment acts required its regulation in the criminal sphere, which is criminalized in the Criminal Code as a crime in its own right. Harassment, regardless of its form, is related to a fu...

Pension systems increasingly form disputes over the interpretation of legislation, the causes being diverse, the lack of clarity of the law or even the omission of regulation, which lead to the formation of jurisprudence on an international level from the CJEU cases, în particular that regarding pensions for liberal professions, in national jurisprudence, the convergence of fundamental rights such as those imposed by art. 1 Protection of prope...

The Judgment of the Court of Justice of the European Union of 26 September 2024, delivered in the aforementioned case, is of particular importance for labor relations. In addition to reiterating the primacy of European law over national law, including with regard to domestic case law, in particular constitutional court aspects, it clarifies the link between the criminal liability of the perpetrator of the act and his tortious liability for th...