In the cases presented below, we aim to analyze the situations in which the legal entity employer can still be held liable for non-payment of salaries after its dissolution. According to the Labor Code, the employment contracts of employed employees terminate by law. Therefore, we consider that the employer can no longer be held responsible for the non-payment of wages after its dissolution, as it is not a question of outstanding wages...

This article aims to provide a theoretical and practical perspective on workplace bullying (mobbing) and to formulate proposals for improving legislation and methodology for its prevention and combating. Keywords: ...

The repeal of the Law on social dialogue no. 62/2011 (and its replacement by Law no. 367/2022) also meant the removal of the text (under art. 210) according to which the settlement of labour disputes in the first instance expressly lay with the tribunals. Under the new conditions, it is necessary to establish this competence based on the general regulatory framework (in particular, art. 94 and art. 95 of the Civil Proc. Code), bu...

Daily rest and weekly rest are forms of rest time, each with its own physiognomy and purpose. At the same time, they constitute employee/worker rights that must be strictly respected by the employer. The rule is that the daily rest precedes the weekly; the first does not intersect with the second, but they are cumulative as ruled by the Court of Justice of the European Union by the Decision of March 2, 2023.

Economically active people spend around a third of their time at work. Working conditions play a significant role in the employee’s health. In good cases, they provide the opportunity for personal development, increase the socio-professional level and provide protection from occupational risks. On the other hand, they also contribute indirectly and directly to the improvement of social relations, self-esteem and the development of...

The transfer of employees – foreign citizens – that render work on the territory of Romania, as per the provisions of Law no. 67/2006, represents a particular situation that is not expressly regulated, which needs clarifications as regards its implementation, especially with respect to the formalities to which the new employer is compelled to in relation with the General Immigration Office. Without setting out the aim of an exhau...

The processing of the employees’ personal is a sensitive subject. Such a processing has to observe the legal provisions established at the European Union’s level. Otherwise, the employers undertake the risk to be subject to significant fines. In this article we shall analyze the grounds for processing the employees’ personal data.  ...

The situations in which the employment contract may be terminated include de jure termination [art. 55(a) of the Labour Code]. It is a termination under the law – ope legis – as a result of the will of the legislature. It occurs only in expressly provided cases; the contract is cancelled at the very moment of the occurrence of the termination cause without the intervention of the employer.