Articole din categoria: Numărul 2

Consideraţii cu privire la prevederi legale aplicabile personalului contractual din autorităţile și instituţiile publice
The purpose of this article is to present the legislation applicable to contractual staff from within public institutions and authorities. Keywords: contractual staff, public institutions, public authorities
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„Victimizarea” – precaritatea actualului concept normativ
Numărul 2 Anul 2023
The article debates the regulation of the concept of victimization in the national legislation, while also analyzing the regulations of European law with an impact on the definition of this term. The author concludes that a rethinking of the regulation is necessary so that revenge entailed by acts lacking legal force acquires the value of victimization (for example, a memorandum). The circumstance of the violation of the principle of non-discr...
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Theoretical and practical analysis on the quality of active subject of the corruption offenses of the bank clerk in the sense of his assimilation to the civil servant
Numărul 2 Anul 2022
The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private pe...
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Legea aplicabilă contractului individual de muncă cu element de extraneitate. Privire specială asupra șoferilor de camioane
The judgment of the Court of Justice of the European Union of 15 July 2021, in cases C-158/20 and C-218/20, called into question the law applicable to the individual employment contract with an element of foreignness, with special regard to Romanian truck drivers road transport activities in other European countries. In such a case, the applicable legislation shall be determined in accordance with the provisions of Regulation (EC) No 12...
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Detașarea polițiștilor în cadrul unităților de parchet
Numărul 2 Anul 2022
The socio-economic or professional realities encountered on the labour market have shown that the institution of posting is not theoretical and virtual, but useful, real and very common on this market. Quite often, employers ask each other for help in lending, for a certain period of time, qualified labour in order to achieve the proposed economic goal or to provide services to the population, if their own staff is insufficient or, for certain ...
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Caracterul temporar al misiunii temporare. Prelungiri succesive, între legalitate și abuz
Numărul 2 Anul 2022
This article summarizes two decisions of the European Court of Justice with relevance to the temporary nature of the temporary work assignment. A brief overview of the relevant legislation for the cases analyzed is made, taking as examples states such as Italy and Germany, the decisions of the CJEU on requests for preliminary rulings submitted by the national courts of these states. Finally, short conclusions are presented. ...
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Analiza teoretică și practică asupra calității de subiect activ al infracțiunilor de corupție a funcționarului bancar în sensul asimilării acestuia funcționarului public
Numărul 2 Anul 2022
The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private pe...
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Discriminarea la locul de muncă
The principle of non-discrimination and equal treatment in the workplace, governed in general by European rules (Treaty on the Functioning of the European Union, Charter of Fundamental Rights, Directive 2000/78, Directive 2000/43 and Directive 2006/54/CE), is developed by our national law (Government Ordinance no. 137/2000, Law no. 202/2002 and, in particular, Article 5 of the Labor Code). The latter normative act defines direct discri...
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Organizarea profesiei de expert legislația muncii în dreptul comparat
Numărul 2 Anul 2021
In order to clarify the organization of the profession of expert in labour law in Romania, we have made an international analysis and identified similar professions in Europe (Italy, Spain, Belgium and France), America (Canada) and Asia (Japan and South Korea), with different names, but almost identical skills. We have thus found, in the legislation of the countries we have studied, the following professions similar to the expert in la...
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Hărțuirea la locul de muncă
Numărul 2 Anul 2021
This article analyzes harassment at work in the light of the Labor Code, Law no. 202/2002 on equal opportunities and treatment between women and men and O.G. no. 137/2000 on the prevention and sanctioning of all forms of discrimination. The latter normative act defines moral harassment in the workplace as „any behavior that, by its systematic nature, may harm the dignity, physical or mental integrity of an employee or group of employees...
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