Evoluții recente in materia telemuncii
Numărul 5 Anul 2021
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 lega...
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Părți in conflictele/Litigiile de muncă
Numărul 5 Anul 2021
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 c...
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Răspunderea civilă a funcţionarilor publici
Numărul 5 Anul 2020
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.
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Răspunderea disciplinară a militarilor
Numărul 5 Anul 2020
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.
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Răspunderea penală a angajatorului în dreptul muncii
Numărul 5 Anul 2020
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 Cont...
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Sistemul contractelor individuale de muncă din sectorul privat și public versus sistemul actelor administrative de numire în funcţia publică
Numărul 5 Anul 2020
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...
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Clauza penală în raporturile de muncă
Numărul 5 Anul 2019
The article analyzes the problem of the penalty clause in individual employment contracts, considering the specificity of the employment relations and the way of regulating the patrimonial liability of the employee in the Labour Code. The analysis contains the relevant judgments of the Constitutional Court and the High Court of Cassation and Justice in the field.
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Importanţa formării profesionale în contextul dezvoltării sistemelor de Inteligenţă Artificială (IA)
Numărul 5 Anul 2019
Employee training is a necessity on the labor market, not only in Romania, but throughout the world. The employer, according to the Labor Code, is obliged to send the employees to training once every 2 or 3 years depending on the number of employees. He also has the obligation, according to the same Code, as we know, if he has more than 21 employees to work out annually and apply training plans.
Artificial Intelligence is, and re...
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Dreptul personalului didactic din învăţământul preuniversitar la majorarea salarială pentru predarea simultană în temeiul Legii-cadru nr. 153/2017
Numărul 5 Anul 2019
Until 1st January 2019 only teaching staff from primary and secondary education could legally benefit from extra payment for simultaneous teaching, the right being recognized by art. 6 of chapter I of annex 5 of Law no. 63/2011, then by art. 33 paragraph 4 letter f of the Government Emergency Ordinance no. 57/2015, and from 1st July 2017 through art. 38 of the framework Law no. 153/2017 on the etapized application of the new law.
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Particularităţi privind analiza practică a discriminării în domeniul muncii. Cazul discriminării prin concediere a membrilor de sindicat
Numărul 5 Anul 2019
The article presents the author’s particular considerations regarding the technical legal way of analyzing and finding a discrimination confined to a specific case of discrimination in the field of work.
The object of the case is to find a discrimination in the workplace on the criterion of union membership or membership, under the aspect of two facts, one consisting of the employer disagreement regarding the formation of a union...
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