Articole din categoria: Numărul 3

Competenţa soluţionării conflictelor/litigiilor de muncă
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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Reprezentarea nesindicală a salariaţilor în contextul noii legi privind dialogul social
Numărul 3 Anul 2023
The institution of employee representatives dates back to 1991, but its role has varied over time. Thus, initially, employees could designate their representatives only in the absence of a trade union. The law favoured trade union organization, providing only as an alternative the possibility for non-union employees to appoint their representatives in the relationship with the employer. With the Law on social dialogue no. 62/2011, the ...
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Dreptul la muncă un drept „viu”și fundamental al omului. Evoluţie și transformări 2003-2023
75 years since the United Nations Organization voted on the Universal Declaration on Human Rights, on December 10, 1948, this paper is Part I of a synthesis of the evolution and development of the labour law from 2003, when the Labour Code was adopted, until October 2022; the focus is on the changes that were triggered by the SARS CoV-2 crisis. Part II, to be published in the next issue, shall further address the modifications that ensued fro...
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Concediul de îngrijitor și problemele determinate de reglementarea necorespunzătoare a acestuia
Numărul 3 Anul 2023
The carer’s leave, whose maximum duration provided by law is 5 days, has been regulated for the purpose of transposing Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. The right to carer’s leave can be easily exercised by workers, as the necessary conditions for granting it (the medical conditions of the care rec...
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Incluziunea socială – strategii, abordări teoretice și practice
The work aims to analyze the provisions of Law no. 196/2016 regarding the minimum insertion income, in the context of European and national regulations regarding strategies to promote the social inclusion of disadvantaged categories. Within the current Romanian social policies, the mentioned regulation is included as a norm aimed at introducing a modern program, which will correlate the already existing programs, offering more generous financ...
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Calitatea procesuală activă a federaţiei sindicale și competenţa de soluţionarea cauzei în situaţia în care acţiunea este promovată de federaţie în numele și pentru membrii de sindicat
The article aims to analyze the active procedural capacity of the trade union federation and the establishment of the jurisdiction of the court in the case of a claim filed by the federation on behalf of and for the trade union members of one of the trade unions affiliated to it.
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Regimul juridic al accidentelor de muncă și a bolilor profesionale
Numărul 3 Anul 2022
Economically active people spend around a third of their time at work. Working conditions play a significant role in the employee’s health. In good cases, they provide the opportunity for personal development, increase the socio-professional level and provide protection from occupational risks. On the other hand, they also contribute indirectly and directly to the improvement of social relations, self-esteem and the development of benefi...
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Aportul dreptului muncii la gestionarea riscurilor de mediu
The article analyzes the impact of the ecological transition on the employers’ obligations to make changes in order to act in assessing and combating the negative consequences of their activity on the environment. Ecological imperatives therefore penetrate the rules that govern professional relations, having consequences in the fi eld of labour law as well. The author indicates and analyzes the regulations with an impact in this field.
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O reglementare mult așteptată – activitatea prestatorului casnic
Numărul 3 Anul 2022
Prior to the adoption of Law no. 111/2022 on the regulation of the activity of the domestic provider, the labor legislation did not contain special provisions on this aspect. Domestic activity is occasional, unqualified, carried out by a domestic provider in connection with the household/households of a family or a single person, as a domestic beneficiary. The activities carried out by people who occasionally practice the profession of nanny ...
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Scurte consideraţii privind raporturile juridice de muncă ale magistraţilor
Numărul 3 Anul 2022
The performance of work is carried out within social relations which, once regulated by legal norms, become, as a rule, legal labor relations. This category includes the employment (service) relationships of civil or military civil servants, of soldiers and volunteer ranks, of persons holding public dignity, of magistrates and assistant magistrates, of specialized auxiliary staff in courts and prosecutor’s offices on in addition to thes...
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