A flexible approach upon setting the working hours represents a common desire for both employees and companies. This article aims at identifying the options provided by the applicable legal framework which enable such flexibility, as well as at analyzing the coordinates of such flexibility with respect to each identified alternative. ...

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...

The individual employment contract may cease in law in certain cases expressly regulated by the legislator. Termination of the contract with the retirement of the employee is probably one of the ways that created the most controversy in the literature and in practice. The most recent changes, though proposing a different perspective on the text, we believe will create blurring in their transposition. However, the text of the law restores...

As a result of the Constitutional Court’s Decision no. 759/2017, the individual employment contract will no longer cease to apply on the date of the communication of the pension decision in the case of the third degree invalidity pension. Labor relations will continue to exist in such a situation, but necessarily modified; they may also cease on another legal basis, for example, by parties agreement [Art. 55 lit. h of the Labor Code] or by dis...

The Law no. 81/2018 regarding teleworking brings into light the way in which the Romanian legislator took into consideration the European legal frame in this matter, taking into account the fact that „Framework agreement on telework” contains supplementary clauses in rapport with the national reglementation.

The Data Protection Officer is not a new institution, being previously provided for in the text of the Data Protection Directive 95/46/EC. The Regulation (EU) 2016/679 recognizes this position as a key-actor within the new Data Protection system both through the obligation of its nomination by the public authorities or organisms, or by operators or persons designated by them, and through its professional experience and preparation, respectivel...

The presence of a favourable socio-economic climate and a sustained economic raise in Romania, determined many multinational companies to create subsidiars companies, representantives or branches on Romania’s territory. In the next time, the bigger will be the the number and the value of their investments, the bigger will be the number of the detached workers in these companies in order to control and develop the specific activities according t...

Romania has recently taken a first step towards establishing an institutional and legal framework for teleworking programs, by proposing a bill aimed to regulate teleworking activities. The bill has been approved by the executive, which means that Romanian employees might soon be teleworking. At first sight, the process of regulating telework currently conducted on the Romanian labor market, is a major factor in developing the innovative spiri...

The concept of „worker” has been defined over time by the Court of Justice of the European Union in the framework of the free movement that is recognized and granted to him, through a vast jurisprudence. The Court’s intervention was necessary because the lack of a unitary community meaning of the notion would have allowed the Member States to limit the field of application of the principle of free movement of persons and workforce by resorting ...