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 service&#8217...

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 this n...

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 or seri...

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 damage or...

When talking about labour laws, we are currently witnessing a revolution in the traditional way of working that is affecting all of us today. It involves a recognition of the importance of flexibility in individual employment relationships through the widespread use of telework. Apart from the advantage in terms of flexibility that teleworking offers in Romania, matters are not simple at all from the point of view of the applicable legal regim...

The existence of a civil lawsuit cannot be conceived without the presence of two parties – at least – who have opposing interests: the plaintiff – who makes a claim (in this case the employee) and the defendant – against the claimant (the employer). According to the provisions of the Labor Code, employees, trade unions and employers, as well as other legal or natural persons have this vocation. Both labor disputes in the case of ...

In this article, the author analyzes the disciplinary liability of the military. The disciplinary offenses and sanctions of this category of personnel, the disciplinary sanctioning procedure, the means of appeal and the cancellation of the disciplinary sanctions applied to the military are taken into account.

The criminal liability of the employer in labor law attests the importance given by the legislative authorities to the protection of employees, not only by establishing detailed of legal provisions on labor law, but also by sanctioning those employers who, in the way how they exercise their assumed obligations, they actually do not respect the rights of their employees under the Collective Labor Agreement, the Individual Employment Contract, o...

To the typology of individual labor contracts in the private and public sector traditionally regulated by the Labor Code and other relevant normative acts, new individual labor contracts for public administration have been added through the Administrative Code, which has also produced a slight diversification also with regard to the administrative act of appointment to public office. All these contracts are part of a large system of ind...

In this article, the author analyzes the civil liability of civil servants – a form of legal liability that resides in a legal relationship of obligations in which the responsible person must repair the unfair damage suffered by another person. The conditions and cases of civil liability, as well as the procedure for establishing and recovering damages, are taken into account.