A case settled by the European Court of Human Rights concerned the freedom of expression of an employee. The latter, employed as an expert I.T., a computer engineer, sent an email from his professional mailbox to the company’s human resources department criticizing the managerial projects of the chairman of the board of directors. The employee complained about the high workload, the reduction of compensations for knowledge of for...

As a result of some non-unitary practices of the courts, but especially for the application of the labor legislation in the letter and spirit of the recent law, the Panel for the resolution of the appeal in the interest of the law within the HCCJ was vested by the notification formulated by the People’s Advocate with the resolution of the appeal in the interest of the of the law concerning the legal issue regarding the non-u...

This study analyzes the legal procedure for dismissing the employee as a result of the reduction in the number of staff or posts of the unit in the light of the Labour Code of the Republic of Moldova. The authors have elucidated the conditions that the employer must comply with when operating such a dismissal. Moreover, it is concluded that the operation of selecting employees for dismissal in accordance with the stated legal basis fall...

This study addresses some legal issues regarding employee protection measures – enshrined in the law of Moldova – which may take the form of permanent or temporary interdictions when dismissing employees. At the same time, we have pointed out the special rules on the dismissal of certain categories of persons a...

This article is generated by a case decided by the courts specialized in settling employment disputes in Bucharest and by the comments on this topic published in the journal Dreptul no. 10/2020. It is noted, which is an error, that the courts confused dismissal with the termination of the individual employment contract during the trial period. On the contrary, these are two distinct ways of permanently term...

The practice of labor relations and the judicial practice in this matter encounter permanent difficulties in connection with the interpretation and application of provisions of labor law. Even if almost 18 years have passed since the entry into force of Law no. 53/2003 – Labor Code, a series of regulatory solutions contained in this normative act, most of which impose obligations on the employer in relation to employees, raises pr...

One of the most frequent dismissal cases encountered in practice is dismissal based on the provisions of art. 65 of the Labor Code. The courts, faced with the numerous appeals introduced by the dismissed workers, have made important clarifications regarding the meaning of the respective text, namely: what means „dismissal for reasons pertaining to the person of the employee”, the organizational prerogative ...

In France was adopted in August 2016 labor law designed to reform labor law in this country. It has 123 articles and create or amend 300 articles of the Labour Code. An experts and practitioners commisoin assisted by the social partners, will propose a maximum period of two years, rewriting the french Labour Code. In essence, the new law refers to:– the specific work and leave;– training;&#821...