Article 56 paragraph (1) letter c) of the Labour Code shall be analysed primarily in light of the implicit amendments brought by Law no. 360/2023 on the public pension system. A proper understanding cannot be achieved without considering both laws. The possibility of combining the pension with a salary in the private sector must be viewed as a means of exercising two fundamental rights regulated by the Constitution: the exercise of one fundame...

This article aims to provide an analysis of the legal provisions of the Romanian Labour Code concerning the professional training of employees, with a particular focus on the potential challenges that may arise in practice when an employer makes erroneous managerial decisions regarding the organization of training programs. Additionally, the article explores the occupational health and safety risks that the employer may incur when such trainin...

The employer benefits from the prerogative of control in the execution of the employment contract, through which he has the right to monitor the activity of employees, including by video equipment. This aspect has generated several disputes in the practice of courts but also of national authorities with a role in ensuring compliance with personal data, regarding the limits within which the employer can exercise this right. Both the European C...

This article aims to provide a theoretical and practical perspective on discrimination in the workplace, an analysis of the criteria for discrimination and a brief analysis of judicial practice on discrimination. Keywords:

This article briefly analyzes the legal regime of work performed by persons deprived of their liberty, based on the provisions of Law no. 254/2013 on the execution of punishments and measures deprivation of liberty ordered by judicial bodies during the criminal process, as well as the provisions of the Regulation implementing Law no. 254/2013, with the aim of highlighting the dichotomous nature of work in detention from the point of view of i...

The article deals with a provision for employee loyalty through the so-called „stock option plan” program. Labor relations as well as the legislative framework applicable in this case in all the rights and obligations between the parties in terms of labor law concern both doctrinal aspects of labor law but especially of tax law given the ways of increasing and retaining employees. The legal framework applicable in fiscal matters with regard to...

In the present article, the authors focus on the connection between employment relationships and the right to pension. It is evident that performing subordinate work, with the right to remuneration and the obligation to pay social security contributions, gives rise to the right to a pension. In principle, this right arises after the termination of the employment relationship. As a general rule, Law no. 360/2023 prohibits the cumulation of salar...

The paper provides an in-depth analysis of the European social model and is focused on cohesion and social inclusion as fundamental pillars in reducing inequalities and promoting a fair society. The study begins by historically contextualizing the formation of the European social model, highlighting its evolution and the importance of cohesion and inclusion concepts. Subsequently, the paper presents the theoretical foundations and a review of s...

The opening of insolvency proceedings is an event likely to bring serious consequences in terms of the security of employees and their claims. The common legal regulations of labor law and employer insolvency regarding the termination of employment contracts allow the observation of inaccuracies related to the right of unilateral termination, the right to notice, the person legally entitled to make decisions regarding the conclusion, amendment...

A case settled by the European Court of Human Rights concerned the freedom of expression of an employee. The latter, employed as an expert I.T., a computer engineer, sent an email from his professional mailbox to the company’s human resources department criticizing the managerial projects of the chairman of the board of directors. The employee complained about the high workload, the reduction of compensations for knowledge of foreign la...