Its compulsory that in the national law, the regulation of the right to rest leave must be established in rules empowerd at the law level, in clear rules, which do not conflict with the fundamental rights provided for by the European Charter of Human Rights, the Constitution or the rights provided for by Law No. 53/2003 republished – Labour Code, with subsequent amendments and additions. In recent times, we are witnessing an administrat...

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 confidentiality in...

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 the opp...

A stable legislative system that can provide the security and the trust to give to the population a high degree of confidence in the legal institutions of the state is recognized in all states of the world. A large number of rules that are often amended or changed do not bypass labor law and especially criminal liability in labor law. The current Romanian legislation, as it was adapted to the occasion of improving the criminal legislat...

The incidence of substantial time limits (extinctive prescription or loss of rights) regulated by the Labour Code certainly has a significant positive impact on internal judicial theory and practice, with the need to analyze as thoroughly as possible the two categories of substantial time limits, as well as the legal institutions that are closely related to their application in employment law. This analysis has the role to contribute as...

An analysis of the Labour Code chapter on suspension of the employment contract may lead to the conclusion that some changes would be welcome, both in terms of form and material systematization and of substance of the law. In addition, the division of the suspension causes into the four situations, namely suspension „by law”, „at the employee’s inițiative”, „at the employer’s inițiative” and „by mutual consent” is marked by some legislative in...

The present study deals with prohibitions on dismissal. Based material is art. 59-60 of the Labor Code governing prohibitions regarding individual dismissal based on: principle of equal treatment in labor relations and prohibition of discrimination; workers’ right to participate in collective action to establish or join a union, to participate in the law to strike as well as situations where individual employment contract is suspended de jure ...

In this article, we have analyzed the working capacity of the minor, in according to the special provisions stipulated in the Labour Code, as well as to the provisions of substantive law, in order to emphasize the need to assign anticipated legal capacity to the minor, as an actor of labor relations, due to the superior discernment he proves to have in relation with other minors by assuming the rights and the exercise of the obligations related...

Making the analysis of the incidence of substantial time limits covered by Labour Code will clearly have a signifi cant positive impact on internal judicial theory and practice, and it is obvious that there is a need to thoroughly analyse the two categories of time limits and the law institutions which are closely related to the application of both substantive and procedural time limits in the labour law. This brief analysis is intende...