Critica unei hotărâri judecătorești
03 01 2024
In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court ...
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Încetarea de drept a contractelor de muncă în cazul desființării angajatorului. Aspecte teoretice și practice
03 01 2024
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...
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Contractul de administrare a secției/laboratorului sau serviciului medical din cadrul spitalului public – act adițional la contractul individual de muncă sau caz de suspendare de drept a contractului individual de muncă cu spitalului public (!?!)
03 01 2024
This article aims to provide a theoretical and practical perspective on the contract for the administration of the department/laboratory or medical service within the public hospital and especially to draw attention to the legislative inconsistencies regarding the confusion between the individual work relationships of the doctor with the public hospital and the exercise of the function based on the management contract.
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Clauza de neconcurenţă prin prisma Codului muncii al Republicii Moldova
In this study, the non-compete clause is explained as a type of specific clauses of an individual employment contract, which results in a conventional restriction of work freedom. The author highlighted, primarily, the legal significance of the non-compete clause. In addition, the elements to be stated in the text of a non-compete clause were analysed, according to art. 531 para. (2) of the Labour Code of the Republic of Moldova, namely:...
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Violența domestică și lumea muncii
01 01 2024
The International Labour Organization Convention No. 190 and Recommendation No. 206 from 2019 regarding violence and harassment in the world of work also address domestic violence and its reverberations on the work environment.
Victims of such violence will experience negative impacts on their workplace performance, decreased productivity, may disrupt the collective they belong to, and may be absent from work due to domestic viol...
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Aspecte teoretice și practice privind prevenirea și combatere hărțuirii morale la locul de muncă
01 01 2024
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:
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Competenţa soluţionării conflictelor/litigiilor de muncă
03 01 2023
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...
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Repausul zilnic și repausul săptămânal – forme ale timpului de odihnă
02 01 2023
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.
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Regimul juridic al accidentelor de muncă și a bolilor profesionale
03 01 2022
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...
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Consideraţii referitoare la modificările recente aduse prin Ordonanţa de urgenţă a Guvernului nr. 37/2021 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii
04 01 2021
In order to create favourable conditions for the development of the business environment and the need to simplify the procedures specific to the human resources activity, especially for micro-enterprises, the G.E.O. no. 37/2021 for the amendment and completion of Law no. 53/2003 of the Labour Code was adopted. For micro-enterprise employers, the normative act eliminated the obligation to draw up the job description for the employees, e...
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