Articole din categoria: Numărul 4

Considerente cu privire la aplicarea interdicţiei de încetare a raporturilor de muncă în situaţia concediului de maternitate şi a concediului de creştere a copilului, în cazul salariaţilor temporari
Numărul 4 Anul 2018
Maternity leave and parental leave are particular situations in which temporary employees may find themselves at a certain moment and which require the protection of employees in accordance with the law, protection which is also ensured by the prohibition to terminate the employment relationships. The complexity of the temporary employment relationship generates a number of particul...
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Pension provision to military personnel in Ukraine: new challenges
Numărul 4 Anul 2018
Today, the current state of pension system in Ukraine is characterized by a difficult transitional period, since the adoption of new laws still raises many issues regarding the appointment, payment and recalculation of pensions. This is especially true about military personnel who defended the independence, sovereignty and territorial integrity of Ukraine and directly took part in ...
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Ce este şi cum poate fi folosită inteligenţa artificială (II)
Numărul 4 Anul 2018
Artificial Intelligence (IA) is a hot topic in technology, which is also present in companies or on the labor market.What is the usefulness of implementing an IA in a company of any kind? What are the issues that may arise targeting the company’s staff or internal networks? How well the company’s workers are prepared to implement such a system? Is the legisl...
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Trăsăturile specifice esenţiale ale contractului individual de muncă şi autonomia dreptului muncii
The study analyzes the features of the individual employment contract, which distinguish it from civil contracts of service provision. It presents only those features that are exclusive and therefore relevant to this contract (legal subordination, legal status of the employee, legal prohibition for the employee to transfer part of his rights, etc.) and not those it shares with civi...
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Consideraţii privind standardele ce ar trebui stabilite de universităţi pentru ocuparea posturilor didactice
Numărul 4 Anul 2018
We want to draw attention in this material to the issue of the minimal standards – at national and university level – necessary for the occupation of all teaching positions in higher education – both from internal and external source. They must be analyzed in the system, since the standar...
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Perioada în care salariatul se află la dispoziţia angajatorului. Aspecte controversate
Numărul 4 Anul 2018
The herein study presents the meaning of the term “working time”. The interpretation of the concept of “working time” was given by the CJEU, which has constantly settled that the notions of working time and rest period belong to the European Union’s law and are subject to interpretation. Given the fact that in certain situations the border between working time and rest time is difficult to set, the CJEU has settled also ...
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Întinderea protecţiei datelor şi a informaţiilor aduse la cunoştinţa părţilor pe durata raportului juridic de muncă
Throughout the duration of the individual employment contract, both the employee and the employer enter in possession of data and information of a private nature, pertaining to the partner in the employment relationship. This type of information with confidential character is basically divided, from the point of view of the legal nature, in three categories: confidential data, bas...
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Scurtă analiză privind criteriile utilizate pentru recalificarea convenţiilor civile în contracte individuale de muncă
Numărul 4 Anul 2018
The Labour Inspection has the right to establish whether the activity performed based on a different type of contract than a labour contract is actually rendered in the conditions of a labour relation. The labour legislation does not provide for the criteria based on which the Labour Inspection may conduct the re-qualification or for the consequences of such re-qualification. It is necessary that such criteria and consequences of re-qu...
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Controlul jurisdicţional al încetării raporturilor de serviciu ale poliţiştilor
Numărul 4 Anul 2018
The author analyzes the judicial review termination of police service reports by reporting to the competent court and the procedure to be followed in this regard as well as procedural aspects of the trial.
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Încetarea raporturilor de muncă prin acordul părților
Our law, unlike the French law does not establish the procedure to follow in case of termination of employment by mutual consent. Therefore, since this is, after all, a contract, we will use general rules of the common law regarding the offer (initiative termination of those relationships) and acceptance of the offer by its recipient. It is about the symmetry rule: the contract is the result of agreement – mutuus consensus – and in his closure...
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