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
Numărul 3 Anul 2023
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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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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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
Numărul 3 Anul 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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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
Numărul 3 Anul 2022
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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Solidaritate și accesul pe piaţa muncii din România pentru cetăţenii ucraineni
Numărul 3 Anul 2022
Romania has decided to help Ukrainian citizens with all its efforts in response to the humanitarian refugee crisis caused by Russian invasion of Ukraine. The aid is carried out on two levels – emergency assistance and a protection plan developed to ensure medium and long-term protection and inclusion measures for Ukrainian refugees who choose to live and work in Romania.
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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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