This study clarifies some legal issues related to the transfer of the employee to another job, considered by the legislature of Moldova as one of the main ways to change the workplace, either in the interest of the job or at the request of the employee. In accordance with the Labour Code of the Republic of Moldova, such a legal operation (even in the case of the temporary transfer of the employee) can be carried out only on the basis of a writt...

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...

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...

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...

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 ...

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...

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.

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.

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...

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...