A stable legislative system that can provide the security and the trust to give to the population a high degree of confidence in the legal institutions of the state is recognized in all states of the world. A large number of rules that are often amended or changed do not bypass labor law and especially criminal liability in labor law. The current Romanian legislation, as it was adapted to the occasion of improving the criminal l...

The practice of labor relations and the judicial practice in this matter encounter permanent difficulties in connection with the interpretation and application of provisions of labor law. Even if almost 18 years have passed since the entry into force of Law no. 53/2003 – Labor Code, a series of regulatory solutions contained in this normative act, most of which impose obligations on the employer in relation to employees, raises pr...

The article aims to highlight the particular considerations of the author regarding the request for a preliminary ruling in Case C-644/19, „Lucian Blaga” University of Sibiu etc. In this way, the author seeks to analyze and issue legally reasoned opinions on the subject-matter of the reference in question, namely: – whether there is discrimination within the meaning of European Union law as regards the employer’s ability t...

The article analyzes some judgments given by the European Court of Justice that have made important clarifications regarding the right of the employee to leave benefits after the termination of employment relationships. The norms of labour law that have an impact in this matter are also presented and analyzed. ...

Since the entry into force of Law no. 176/2018 on internship, different points of view regarding the legal nature of this contract have been formulated in the legal doctrine. This study opts for the characterization of the internship contract as a sui generis contract, which is part of the category of contracts conventionally called employment law contracts (and not employment contracts). ...

Law no. 145/2019, which regulates the special status of penitentiary police officers, conferred by the nature of the work tasks that involve special duties and risks, expressly repealed Law no. 293/2004 on the Statute of civil servants with special status in the National Administration of Penitentiaries. The new regulation has a series of provisions regarding the penitentiary police officers who are vested with the exercise ...

The management of the employees’ skills depends essentially on the initial professional evaluation by means of the prior verification of the professional/personal skills/abilities of the persons who request the employment in relation to the forecast job descriptions and the work load/working time (for each position) which has to be performed during the full-time, part-time schedule, according to the law. The duties in the job...

The Administrative Code brings together the whole issue of organizing and operating public institutions, staff status and administrative accountability. Administrative-disciplinary liability is a new concept that changes the vision of disciplinary law. The civil servant dissatisfied with the sanction applied may address the administrative court requesting the cancellation or modification of the sanctioning act. Contractual...

This article aims to tackle a number of issues arising in connection with the probationary period, regulated under the Romanian Labor Code. Concretely, the paper scrutinizes the optional character of the clause regarding the probationary period, the consequences arising from the case where the employer fails to inform the employee on the probationary period, prior to the conclusion of the individual employment agreement, the l...

This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the appl...