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...

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...

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...

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 li...

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 ...

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 activi...

Starting from the Uber application, published in the USA (in 2010), a new form of work in the field of alternative urban transport has developed in European countries, including our country. The Court of Justice of the European Union (Grand Chamber), in its judgment of 20 December 2017 in Case C-434/15, ruled that an alternative transport intermediary service using a smartphone application must be classified as a ‘transport servic...

This study aims to analyze the impact that the technological development has on the plan of working relationships, as well as beyond them, in the private life. Carrying out the professional activity at a distance through the use of information and communication technology implies the free assumption by the employee of the organization of work that departs from the classical form, but the consequences are not always the desired ones. In...

In this article we will focus on Government Ordinance no. 137/2000 on the prevention and punishment of all forms of discrimination, as supplemented and amended by Law no. 167/2020, because it gives particular interest to moral harassment in the workplace, a topic we want to analyse from the perspective of forms and preventive measures. We will also give examples of types of unacceptable behaviours that must be qualified as minor ...

The article aims to highlight the particular considerations of the author regarding the request for a preliminary ruling in Case C-301/21, Alba Iulia Court of Appeal, etc. The author seeks to analyze and issue legally reasoned opinions on the subject-matter of the reference in question, namely: – Union law allows the period of 3 years for the formulation of the claim to run exclusively from the date of occurrence of the da...