Articole din categoria: Numărul 5

Prestarea unei activităţi profesionale într-o situaţie atipică
The aims of the article are to analyse an atypical situation, derogating from the provisions of the Labor Code for the provision of a professional activity within a public institution. Keywords: public institution, atypica...
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Încetarea contractului individual de muncă în perioada de probă
By art. 31 paragraph 3 of the Labor Code introduced a simple and quick way to terminate the individual employment contract, at the initiative of either of the two contracting parties (employer or employee). According to this text, the respective contract can be terminated exclusively, during or at the end of the trial period by a written notification, without notice at the initiative of either party. Without needing to justify it.
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Universul muncii în schimbare. Confluenţa dreptului muncii românesc cu dreptul european al muncii
Labour is, by its unique specificity and identity, the defining force that empowers human societies that include people that are similarly defined by their own particular and identity-related features. At the same time, labour is performed as an essentially social process as it is both the result of individual accumulations of knowledge, aptitudes, skills and competences and a consequence of the individual’s interaction with others...
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Concedierea și termenul de preaviz
The right to notice in case of dismissal is an essential guarantee of the right to work and a component of the right to information that manifests itself from the conclusion of the employment contract until its final termination. This study aims to identify the contradictory practice of the courts regarding the method of calculating the notice period and illustrates from a historical perspective the legal regulations of the law, as well as the...
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Reflectarea principiului privind echilibrul dintre viaţa profesională și cea privată în legislaţia română
Romania is one of the Member States of the European Union whose citizens are faced with a serious imbalance between work and private life, and the negative effects of this phenomenon are felt not only in the field of labour relations, but also at the socio-economic level (birth rate, lower employment rate, increased economic dependency ratio, etc.). The aim of this article is to analyse the effectiveness of the legislative measures adopted in ...
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Particularităţile sarcinii probei în litigiile de contencios administrativ
Numărul 5 Anul 2023
This article aims to identify the particularities that affect the burden of proof in disputes judged according to the rules governed by the Administrative Litigation Law no. 554/2004, in correspondence with the analysis of the legislator’s will regarding the mentioned institution which, over time, during the civil process, granted the public authorities, in the disputes concerning public officials, an atypical position compared to the civil cas...
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Efecte ale modificărilor aduse de Legea nr. 213/2020 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii asupra termenelor privind completarea și transmiterea datelor în registrul general de evidența salariaților
Numărul 5 Anul 2022
With the introduction in the Labor Code, expressis verbis, of the possibility of solving individual labor conflicts through the conciliation of the external consultant specializing in labor law, a series of problems were triggered, that might be related to the way of completion and communication in REVISAL of those solutions found by the parties of the labor relationship. Thus, the resolution of an individual labor conflict may concern aspect...
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Reprezentarea colectivă sindicală în Spania
Numărul 5 Anul 2022
In this article, the focus is on collective trade union representation in Spain through trade unions, which is exercised through the trade union section and trade union delegations. The trade union section is nothing but the trade union that acts within the enterprise and exercises the faculties that legally correspond to it by the legal imperative. Thus, the creation of a trade union section by union-affiliated workers is not limited t...
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Libertatea sindicală în Italia
Numărul 5 Anul 2022
In this article, the national and international norms that regulate trade union freedom in Italy are analyzed, among which we list: the Italian Constitution, the Conventions of the International Labor Organization no. 87/1948 and no. 98/1949, both ratified in Italy by Law no. 367 of March 23, 1958, etc. At the same time, the ownership of freedom of association and the „trade union” nature of the protected organization were also taken i...
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Acordurile colective – convenții de muncăale funcționarilor publici
This article is devoted to the presentation and analysis of legal provisions on collective agreements, that is, those agreements concluded in written form between public authorities or institutions and the legal representatives of public officials. These agreements are similar to collective agreements regulated by law in the case of employees. They shall bear a different name for at least two reasons: – concern the activity of p...
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