Consideraţii cu privire la statutul lucrătorului cultural profesionist
Numărul 4 Anul 2023
The article presents the legal grounds on which this type of activity can be performed and presents aspects of the malfunction of the regulations contained in Government Ordinance no. 21/2023. In carrying out his activity, the professional cultural worker concludes contracts for the assignment of patrimonial rights relating to copyright or a contract for carrying out cultural activity, the condition being registration as a professional cultur...
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Suspendarea contractului individual de muncă în cazul absenţelor
Numărul 4 Anul 2023
The article discusses the effects of the employee’s absences, especially the unmotivated ones, on the individual employment contract and disciplinary liability. In addition to the analysis of the way in which the employer regulates the conditions of unjustified absences, in the internal documents, the article also presents other types of absences regulated by the Labour Code as well as thestrategies available to the employer to reduce th...
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Din nou despre acordurile, convenţiile și înţelegerile care pot fi încheiate între partenerii sociali conform principiului recunoașterii reciproce
Numărul 4 Anul 2023
The possibility of social partners concluding agreements, conventions, understandings, other than the collective labor contract, was regulated for the first time by Law no. 62/2011 of social dialogue. The original normative act, established in art. 153 the general framework in which these legal acts could be concluded. In the context of Law no. 367/2022 on social dialogue, the legislator kept the previous legal approach, adding two more import...
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Interpretarea normei juridice: studiu de caz – refuzul instanţelor de a prelungi detașarea specialiștilor antifraudă în cadrul unităţilor de parchet
Numărul 4 Anul 2023
The interpretation of legal norms represents the process by which their meaning is determined in order to apply them in practice. This process is essential in any legal system, including Romanian law, because it allows the settlement of legal issues and ensures consistency in the application of legal norms. In Romanian law, the interpretation of legal norms is carried out by the authorities and the courts, in the proceedings. In this regard, t...
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Dificultăţi în înregistrarea contractelor colective de muncă la nivelul unităţii
Numărul 4 Anul 2023
This article is intended to present and analyze the legal provisions regarding the registration of collective labor contracts, in order to avoid the refusal of the registration of collective labor contracts by the competent authority. Thus, the faster resolution of registration of collective labor contracts, can look at issues related to the summoning of interested parties to participate in the negotiation, power of attorney granted in order ...
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Repausul zilnic și repausul săptămânal – forme ale timpului de odihnă
Numărul 4 Anul 2023
Daily rest and weekly rest are forms of rest time, each with its own physiognomy and purpose. At the same time, they constitute employee/worker rights that must be strictly respected by the employer.
The rule is that the daily rest precedes the weekly; the first does not intersect with the second, but they are cumulative as ruled by the Court of Justice of the European Union by the Decision of March 2, 2023.
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Timpul de muncă şi timpul de odihnă potrivit dreptului Uniunii Europene
Numărul 4 Anul 2022
The article analyzes, starting from the European legislation, the notions of working time and rest time as well as the less common situations that require a classification in one of these two notions. Moreover, the analysis of the case law of the Court of Justice of the European Union includes the discussion of concrete situations which have raised real problems of interpretation of the law inu this field, demonstrating that these two notions r...
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Consideraţii generale privind concediul pentru îngrijitor
Numărul 4 Anul 2022
In recent years, there has been a need to balance family and work life to make modern workplaces more responsive to increasingly diverse family needs. We see this type of leave as an important step towards that balance. Family care leave is a leave that protects the worker and helps them keep their job. It can be granted by the sick person’s oncologist to the worker’s relative to provide care or support.
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Consideraţii privind jurisprudenţa recentă a Curţii de Justiţie a Uniunii Europene cu privire la noţiunea de timp de muncă şi impactul acesteia asupra dreptului intern
Numărul 4 Anul 2022
The Court of Justice of the European Union has relatively recently issued judgments on the interpretation of the notion of “working time” in art. 2 of Directive no. 2003/88/EC concerning certain aspects of the organisation of working time. The judgments are aimed at clarifying the time spent by a worker for participating in professional training courses organized by the employer, outside of the usual time and place of work, and, on the other h...
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Acordarea dobânzilor la sumele prevăzute în hotărâri judecătoreşti privind drepturile salariale ale personalului din sectorul bugetar
Numărul 4 Anul 2022
The law provides for the granting of remunerative interest or penalty interest in relation to the specificity of each other, but in order to grant them, a court decision is needed. At the same time, it appears irrelevant that the principal obligation is paid in instalments, the interest being due regardless of whether or not the obligations are fulfilled uno ictu, this by virtue of the principle of full compensation of the damage.U
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