Critica unei hotărâri judecătorești
Numărul 3 Anul 2024
In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court of firs...
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Încetarea de drept a contractelor de muncă în cazul desființării angajatorului. Aspecte teoretice și practice
Numărul 3 Anul 2024
In the cases presented below, we aim to analyze the situations in which the legal entity employer can still be held liable for non-payment of salaries after its dissolution. According to the Labor Code, the employment contracts of employed employees terminate by law. Therefore, we consider that the employer can no longer be held responsible for the non-payment of wages after its dissolution, as it is not a question of outstanding wages. The e...
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Răspunderea juridică a personalului din învățământul superior pentru nerespectarea regimului conflictului de interese potrivit Legii nr. 199/2023
Numărul 3 Anul 2024
The situation of conflicts of interest has raised concerns not only domestically but also internationally, forming the subject of specific regulations, from which higher education is not and should not be an exception. The staff in higher education has rights and duties deriving from the university charter, from the Code of ethics and university deontology, from the individual employment contract, as well as from the legislation in force. Arti...
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Care este primul Cod al muncii din România?
Numărul 3 Anul 2024
The labor law doctrine did not agree on the first Labor Code, but there is no work that really dedicates itself to an in-depth study of this issue.
Thus, in the specialized legal literature it was considered that the first Labor Code constituted either the Labor Contracts Law of 1929 or the Labor Code of 1950, and later the third hypothesis was issued, namely the first Labor Code to constitute the Law for the Organization of Trades, Cr...
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Digitalizarea în sectorul agricol
Numărul 3 Anul 2024
Digitization is a global phenomenon that has penetrated all sectors of activity. Agriculture has become a field where digitization has found specific forms of manifestation starting from simple forms such as adding controllers and GPS to existing field machines and variable spreading rate technologies (VRT) to robots, drones, and driverless vehicle technology and Internet of Things (IoT) technology. All these forms of manifestation of artific...
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Contractul de administrare a secției/laboratorului sau serviciului medical din cadrul spitalului public – act adițional la contractul individual de muncă sau caz de suspendare de drept a contractului individual de muncă cu spitalului public (!?!)
Numărul 3 Anul 2024
This article aims to provide a theoretical and practical perspective on the contract for the administration of the department/laboratory or medical service within the public hospital and especially to draw attention to the legislative inconsistencies regarding the confusion between the individual work relationships of the doctor with the public hospital and the exercise of the function based on the management contract.
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Considerații teoretice și practice cu privire la noile modificări aduse de Legea nr. 241/2023 pentru completarea Legii nr. 53/2003 – Codul muncii
Numărul 3 Anul 2024
Following its publication in the Official Gazette no. 673 of July 21, 2023, Lawno. 241 of July 20, 2023 for the completion of Law no. 53/2003 – The Labor Code introduced some benefits for employees, very important from the perspective of harmonizing family life with professional life. The law entered into force on July 24, 2023 and establishes the possibility for employees who have dependent children up to 11 years of age to be able to p...
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Avantajele și dezavantajele generate salariaților, prin introducerea și folosirea Inteligenței Artificiale (AI) la locul de muncă
Numărul 3 Anul 2024
In recent years, significant advances in the field of Artificial Intelligence (AI) have had a profound impact on various sectors, including the field of work and the use of (AI) in the workplace has generated extensive debates regarding its effects on employees. Through this article we aim to examine the impact, advantages and disadvantages (for employees) brought to the field of work by the introduction and use of artificial intelligence (AI...
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Legea venitului minim de incluziune – între intenție și costuri ale implementării
Numărul 3 Anul 2024
Guaranteeing the minimum inclusion income is a necessary step to improve the condition of materially deprived persons/families and an expected process of change in the area of social services in Romania, as a basis for activating and empowering people at risk of marginalization and/or social exclusion. The analysis of Law no. 196/2016 on the guaranteed minimum income, with subsequent amendments and completions, can be achieved from several pers...
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Competenţa soluţionării conflictelor/litigiilor de muncă
Numărul 3 Anul 2023
The repeal of the Law on social dialogue no. 62/2011 (and its replacement by Law no. 367/2022) also meant the removal of the text (under art. 210) according to which the settlement of labour disputes in the first instance expressly lay with the tribunals.
Under the new conditions, it is necessary to establish this competence based on the general regulatory framework (in particular, art. 94 and art. 95 of the Civil Proc. Code), but also ...
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