Respectarea de către angajat a obligaţiei de fidelitate faţă de angajatori în condiţiile cumulului de funcţii ca urmare a transpunerii Directivei (UE) nr. 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019 privind transparenţa și previzibilitatea condiţiilor de muncă în Uniunea Europeană în legislaţia internă
Numărul 6 Anul 2022
Law no. 283 of 17 October 2022 for the amendment and completion of Law no. 53/2003 – Labour Code, as well as Government Emergency Ordinancep no. 57/2019 on the Administrative Code published in the Official Gazette no. 1013 of 19 October 2022 aimed at the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. Directive (EU)...
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Demersuri pentru un drept al muncii ecologic
Numărul 6 Anul 2022
In the present article, it is proposed that labor law, through its specificity as a regulator of labor relations, should contain ecological norms that contribute to the improvement of the phenomena characteristic of the environmental crisis. To consider the obligations of economic agents, in their capacity as an employer, to ensure to a greater extent the health and safety of workers by reducing, even eliminating environmental risks from the w...
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Aspecte privind răspunderea disciplinară – drept comun versus legislaţia specifică mediului universitar
Numărul 6 Anul 2022
In order to correctly and clearly transpose the rules applicable in disciplinary matters to the teaching and research staff, auxiliary teaching and research staff, as well as to the management, guidance and control staff in higher education in case of breach of duties stipulated in the individual employment contract, as well as in case of violation of the rules of conduct, as they are terminologically formulated in a lacunary and confusing man...
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Vechimea în muncă – un concept adaptabil la realităţile pieţei forţei de muncă
Numărul 6 Anul 2022
At present, the use of the notions of seniority in work and their meaning preserves a series of more or less correct particularities generated by the history of regulation and of the rights that this notion attributes to a person.
With a rich history of regulations, in which the name and the rights conferred on them have been changed successively, seniority appears as a landmark in the employment relationship, but its landmarks are oft...
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Promovarea angajării şi a muncii decente într-o lume în schimbare
Numărul 6 Anul 2021
The article analyses the main issues addressed in the study Promouvoir l’emploi et le travail decent dans un monde en mutation presented by the Committee of Experts on the Application of Conventions and Recommendations at the 109th Session of the International Labour Conference (2020). It approaches the future of work in the context of globalization, climate change and environmental concerns, the evolution of technological innovations...
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Obligația de a ne vaccina și certificatul verde „green pass” la locul de muncă in Italia
Numărul 6 Anul 2021
Italy has strongly and constantly supported the vaccination campaign. An important support came from the unions, as well as from the legislature. By Decree-Law no. 44 of 1 April 2021, the Italian Government adopted urgent rules to prevent contamination with the SARS-CoV-2 virus by providing the vaccination obligation for the medical staff. The obligation is temporary, ie until 31 December 2021, when the emergency situation ceases.
...
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Activitatea de telemuncă în pandemie
Numărul 6 Anul 2021
The concept of human rights, as developed at the international level, serves as an important support for substantiating the idea of the existence of civil rights and freedoms. The concept of human rights has a much broader significance than that of civil rights, because human rights are universally valid rights, applicable to all human beings, while civil rights are, by their very name, specific to a certain group of people, namely the citizens...
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Câteva considerații privind clauza de neconcurență. Elemente de drept comparat
Numărul 6 Anul 2021
In particular, individual employment contracts may extend non-compete obligations and limit the activities performed by former employees even after the end of the employment contracts, by means of non-compete clauses. Such clauses are lawful under the current Labour Code, provided that they comply with applicable validity requirements. Nevertheless, the enforceability of non-compete clauses raises many issues in several international legal sy...
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Mutații legislative in materia răspunderii disciplinare a funcționarilor publici. Posibile lacune
Numărul 6 Anul 2021
This study aims to analyze the changes in the legal regime of disciplinary liability of public services. Both the old Law no. 188/1999 on the Statute of civil servants by art. 79, as well as the Administrative Code, in its first form, referred to a Government decision on the organization and functioning of Disciplinary Boards.
The Constitutional Court, by Decision no. 737/2020 declared the provisions unconstitutional. This situationimpo...
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Legea nr. 273/2004 privind procedura adopţiei. Concediu de acomodare comentat prin prisma adopţiei interne şi internaţionale. Asemănări şi deosebiri
Numărul 6 Anul 2020
In its general sense, the term of leave determines any period of time in which employees are not required, according to the law, to perform work. As a result, all holidays are form of leisure, but not of leisure time. Theoretical and practical leave of accommodation is the result of the adoption of the Law no. 273/2004, which stipulates the right of obligation of employers and employees, similar to those regulated by the Labor Code. ...
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