Articole din categoria: Numărul 3

Apelul în soluționarea conflictelor de muncă
Numărul 3 Anul 2021
The appeal is the only ordinary remedy provided by the Code of Civil Procedure – article 466-482; is the procedural means by which the party dissatisfied with the solution given by the first instance, in civil disputes, as well as in labor disputes, invests the higher court (court of appeal, in the matter discussed) with the control of the decision of the first instance (court).
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Considerații cu privire la dispozițiile legale ce stabilesc acordarea concediului de odihnă al salariaților din sistemul bugetar. Rolul dialogului social în armonizarea normelor
Numărul 3 Anul 2021
Its compulsory that in the national law, the regulation of the right to rest leave must be established in rules empowerd at the law level, in clear rules, which do not conflict with the fundamental rights provided for by the European Charter of Human Rights, the Constitution or the rights provided for by Law No. 53/2003 republished – Labour Code, with subsequent amendments and additions. In recent times, we are witnessing an administrat...
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Scurt istoric al dialogului social în România
Numărul 3 Anul 2021
The fact that lately the situations in which employers and employees resort to atypical forms of work have developed more and more urges us to think about what social dialogue means in the context of telework, work at home or temporary work. The essential changes that take place on the labor market and that change the paradigm of the permanent job, organized by the classic employer, determine new content issues in the field of social dialogue.
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Soluționarea litigiilor de muncă ale funcționarilor publici (la fond)
Civil servants, including those with special status (parliamentary officials, police officers, prison police officers) may be considered dissatisfied with the unilateral acts issued by the public authority/institution in which they are employed. These may concern disciplinary action, civil liability, modification or termination of employment. In such a case, those concerned have the opportunity to apply to the competent administrative c...
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Convenția Organizației Internaționale a Muncii nr. 190/2019 privind eliminarea violenței și hărțuirii în lumea muncii
On the occasion of the 108th International Labor Conference, held in Geneva, was adopted, by a large majority (439 votes in favor, 7 against and 30 abstentions), Convention no. 190 of June 21, 2019 on the elimination of violence and harassment in the world of work, to which was added Recommendation no. 206 with a view to guiding the Member States in the application of the Convention.During the debates at the Conference, it was emphasized...
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Soluţii privind desfăşurarea raporturilor de muncă în contextul digitalizării şi flexibilizării lor
Numărul 3 Anul 2020
Labor relations in the 4th industrial revolution, as it is now called or Industry 4.0 is characterized by the increasingly rapid and complex digitization of the way of working. The worker is being helped more and more by digital systems, by artificial intelligence. Labor relations undergo notable changes compared to what we were taught. Digitization helps us to make more flexible our jobs, our work schedule, to work in a different way t...
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Pauze şi repausuri potrivit Codului muncii
Numărul 3 Anul 2020
In the present article the author analyses rest time forms regulated during the work schedule (lunch break), the one at the end of the daily work schedule (daily rest), as well as the one at the end of the week (weekly rest). It is emphasized that working time cannot be continuous, as it is intersected or segmented by daily and weekly rest periods. There is a symbiosis between working time and rest time.
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Noţiunile de „funcţionar public”, „salariat” şi „personal contractual” în viziunea Codului administrativ şi din perspectiva corelaţiei cu alte acte normative
The present study aims to analyze the meaning of the notions of „civil servant”, „employee” and „contractual staff” in the vision of the Administrative Code. This normative act enshrined for the first time, in the legislative history of Romania, legal rules applicable to all categories of staff working in the public administration. Such a situation reveals a recognition by the legislator of the fact that, beyond the different leg...
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Incidenţa prescripţiei extinctive şi a decăderii în situaţia nerespectării unor termene substanţiale reglementate de Codul muncii
Numărul 3 Anul 2020
The incidence of substantial time limits (extinctive prescription or loss of rights) regulated by the Labour Code certainly has a significant positive impact on internal judicial theory and practice, with the need to analyze as thoroughly as possible the two categories of substantial time limits, as well as the legal institutions that are closely related to their application in employment law. This analysis has the role to contribute as...
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Trei documente europene adoptate recent, relevante pentru raporturile de muncă
Numărul 3 Anul 2019
European Labor Law has recently undergone a process of transformation, a series of documents of political and normative value being adopted at the level of the European Union. Among these, especially important are the European Pillar of Social Rights, the draft Directive on the transparency and predictability of working conditions in the European Union and the Regulation establishing the future European Labor Authority – three...
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