Consecințele schimbărilor climatice asupra forței de muncă
Numărul 6 Anul 2023
The present work aims to carry out an analysis of the effects that climate change can have on the workforce, capturing the new dynamics in the field of labor relations, in the current context. It is evident that the global phenomenon of climate change brings with it numerous negative aspects that can be found in all fields and in all aspects of human life. At the center of these changes is man, in his complexity, who is both a victim of climat...
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Indemnizația de neconcurență prevăzutăde Codul muncii. Clarificări privind regimul fiscal al contribuțiilor obligatorii
Numărul 6 Anul 2023
This research aims to analyze from the perspective of the fiscal regime the transposition of an obligation regarding the non-compete benefit apparently transposed only formally in the Labour Code, but in the context of the consequences it produces it is important to clarify its implications regarding the fiscal regime towards the legal subjects in legal relationships.
The phrase non-compete benefit as it is regulated at the level of nat...
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Conceptul de lucrător – noi dimensiuni
Numărul 6 Anul 2023
The study aims to present and explain the concept of worker, as regulated by the European Union, by national rules, and as it results from the case law of the Court of Justice of the European Union.
As mentioned above, in a narrow sense, a worker means a person who performs subordinate work for a beneficiary, in exchange for remuneration. In a broad sense, the term in question also concerns other persons: those looking for a job, the une...
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Dimensiunile incluziunii sociale
Numărul 6 Anul 2023
This paper defines the concepts of social inclusion and exclusion and poverty and highlights the interactions among them with a view to identifying ways of action that would contribute to enhancing social inclusion and limiting social marginalization while focusing on social security measures.
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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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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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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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