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 inno...

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 c...

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 l...

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 situat...

The amendments to the Labour Code brought by the new Law no. 213/2020 (entered into force on 3 October 2020) have already sparked some controversery, especially with regard to the role of the new actors introduced in the legal landscape of the Romanian Labour Code, which – it was argued – would unnecessary duplicate the lawyer’s assistance during the course of the employment relationship. The paper aims to examine ...

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 term...

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 t...

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 confidentia...

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...