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...

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)...

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...

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. ...

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...

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...

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...

This article is generated by a case decided by the courts specialized in settling employment disputes in Bucharest and by the comments on this topic published in the journal Dreptul no. 10/2020. It is noted, which is an error, that the courts confused dismissal with the termination of the individual employment contract during the trial period. On the contrary, these are two distinct ways of permanently terminating...

Until the publication of Law no. 213/2020, the alternative resolution of individual employment disputes was possible only based on the provisions contained in the Mediation Law no. 192/2006. At present, at the conclusion of the individual employment contract or during its performance, the parties may include in the contract a clause by which they establish that any individual employment dispute is settled amicably, through the conc...

The express prohibition of the confidentiality clause in the individual employment agreement for the contractual personnel from the public administration results from the provisions of the Administrative Code. On the other hand, the obligation to respect the confidentiality of information exempted from free access to information of public interest is maintained. In other words, the provisions on confidentiality in...