Între constituţional și neconstituţional – art. 52 alin (1) lit. b) teza I din Codul muncii
Numărul 6 Anul 2017
The purpose of this article is to follow the analysis of the constitutionality of the first sentence of art. 52 (1) b) of Law no. 53/2003 on the Labor Code and the effects of the declaration of its unconstitutionality.
In its first part, the article makes a brief analysis of the Constitutional Court’s decisions issued as a result of the constitutional review of the analyzed law, highlighting the Court’s arguments regarding its constitut...
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Persoanele asimilate funcţionarului public care răspund penal pentru infracţiunea de luare de mită
Numărul 6 Anul 2017
Establishing the application limits of art. 175 par. 2 The Criminal Code, in the sense of determining the categories of professions and persons who may be active subjects of the bribery offense, in the light of the legal provisions of the decisions of the Constitutional Court of Romania and of the High Court of Cassation and Justice, has the role to clarify the meaning of the notion by „civil servant assimilated”.
In these circumstance...
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Aspecte teoretice privind registrul general de evidenţă a salariaţilor în contextul ultimelor modificări legislative
Numărul 6 Anul 2017
The employees general registration system is an informatic application regulated by the Romanian Law that allows employers to communicate to the labour inspectorate the labour contracts conclusion, modifi cation, suspension and termination. Nevertheless, in november 2016, the rules that govern the communication of the registration were subject to modifi cation. Those rules, that were adopted by the Romanian Government were also a consequence of...
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Consideraţii practice cu privire la cercetarea disciplinară prealabilă a salariaţilor
Numărul 6 Anul 2017
Through numerous decisions of the courts rendered in the settlements of labour conflicts having object petitions against the sanction decision had been annulated the disciplinary sanction acts, given that the violation by the employer of the rules regarding the disciplinary inquiry. In the present study, it is analysed the succession of the juridical operations that must be undertaken in the stage of the disciplinary inquiry and there are emph...
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