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...

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 ...

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...

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...

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...

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...

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 ...