Articole din categoria: Numărul 2

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...
Citește mai mult
Considerații privind modificarea cadrului legislativ privind detașarea salariaților în cadrul prestării de servicii transnaționale
Numărul 2 Anul 2021
At present, the extremely dynamic environment for the provision of services at transnational level requires an increasing number of entities to temporarily second employees to the territory of a State other than the State in which they are normally employed. In this context, the acquisition of a transnational dimension by labor relations often raises problems as to the legislation applicable to these labor relations.
Citește mai mult
Problematica concedierii salariatului în legătură cu reducerea numărului sau a statelor de personal în legislația Republicii Moldova
Numărul 2 Anul 2021
This study analyzes the legal procedure for dismissing the employee as a result of the reduction in the number of staff or posts of the unit in the light of the Labour Code of the Republic of Moldova. The authors have elucidated the conditions that the employer must comply with when operating such a dismissal. Moreover, it is concluded that the operation of selecting employees for dismissal in accordance with the stated legal basis falls under...
Citește mai mult
Reflecții juridice privind măsurile de protecție a salariaților la operarea concedierii acestora prin prisma legislației Republicii Moldova
This study addresses some legal issues regarding employee protection measures – enshrined in the law of Moldova – which may take the form of permanent or temporary interdictions when dismissing employees. At the same time, we have pointed out the special rules on the dismissal of certain categories of persons and, in ...
Citește mai mult
Sinteză de practică judiciară privind concedierea întemeiată pe dispoziţiile art. 65 din Codul muncii
One of the most frequent dismissal cases encountered in practice is dismissal based on the provisions of art. 65 of the Labor Code. The courts, faced with the numerous appeals introduced by the dismissed workers, have made important clarifications regarding the meaning of the respective text, namely: what means „dismissal for reasons pertaining to the person of the employee”, the organizational prerogative limits ...
Citește mai mult
Consideraţii privind acordarea unui ajutor financiar pentru plata serviciilor oferite de bonă
Numărul 2 Anul 2020
The establishment of the legal framework for the granting by the local public administration authorities of aid to families with preschool children was the subject matter of a normative act, which provides the requirements for granting financial aid, the necessary documents, the granting procedure, as well as the suspension, termination or recovery of the unduly collected amounts. The nanny profession was regulated a few years ago. T...
Citește mai mult
Aspecte legate de job sharing – o nouă formă de prestare a muncii
Numărul 2 Anul 2020
The policies of Member States constantly underline the utility of job sharing agreements in the labour fields as important instruments that respond certain flexibility needs coming from employees, thus ensuring an optimal balance between professional and personal life. Starting from these considerations, in this article we shall analyse some aspects related to the utility of this type of contract, eventuality of implementation in our country.
Citește mai mult
Concediul de odihnă – drept principal al angajaţilor
Numărul 2 Anul 2020
Rest leave is a main right of the employees, which responds to the need to restore the work force after a period of professional activity, usually 12 months. He is a right that implies the conjugation of two sides, namely the one regarding rest during the leave, which has a non-patrimonial character and the other patrimonial side, representing the leave allowance.
Citește mai mult
Aspecte privind detașarea transnațională
The detachment of workers in the countries of the European Union and in the territory of the Swiss Confederation is governed both by European rules (Directive no. 96/71/EC, Directive no. 2014/67/EU and Directive no. 2018/957) and national (Law no. 16/2017). Transnational detachment resembles both posting, but above all delegation from our national law. The basic principle of the rules in this area is non-discrimination, meaning t...
Citește mai mult
Considerații privind detașarea judecătorilor pentru desfășurarea activităților în cadrul birourilor electorale
The Labor Code regulates the general framework of the assignment institution within the employment relation, which also applies to employment relations governed by special laws, only insofar as they do not contain specific derogating provisions. Concerning judges and prosecutors, we identify in a series of normative acts a form of assignment which represents the exception from the form established in the common law, the Labor Code, and even f...
Citește mai mult