This study clarifies some legal issues related to the transfer of the employee to another job, considered by the legislature of Moldova as one of the main ways to change the workplace, either in the interest of the job or at the request of the employee. In accordance with the Labour Code of the Republic of Moldova, such a legal operation (even in the case of the temporary transfer of the employee) can be carried out only on the basis of a writt...

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...

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 problems ...

The present study aims to analyze the meaning of the notions of „civil servant”, „employee” and „contractual staff” in the vision of the Administrative Code. This normative act enshrined for the first time, in the legislative history of Romania, legal rules applicable to all categories of staff working in the public administration. Such a situation reveals a recognition by the legislator of the fact that, beyond the different leg...

The administrative code adopted recently by GEO no. 57/2019, provides, finally, as a novelty for the Romanian public administration, the possibility of working at home only for the staff employed under a contract and not for the civil officers, as it is necessary to make a distinction between these who, are rather located in a „grey area”. The economics of the text of law refers to the common law regulations in the...

The job description has always been a controversial topic in employment relationships, being among the most debated aspects of the individual employment contract. The lack of an explicit and detailed regulation of the structure and content of this document has given rise to numerous intrigues and dilemmas among employers and employees, especially in times of conflict. The most sensitive point in the employee-employer relationship is the possi...

This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the application...

Law no. 69/2000 regulates in the case of performance sportsmen the possibility of performing the activities within a sports structure by concluding either an individual labor contract or a sportive activity contract. This legal solution gives birth to confusions regarding the juridical regime applicable.

Labour Code provides under Art. 137 (4) the possibility of granting the weekly rest days cumulatively, after a continuous work period that may not exceed 14 calendar days, with the authorization of the territorial labour inspectorate and the approval of the union or, by case, of the employees’ representatives. The conditions and the procedure of the approval of the territorial labour inspectorate for granting the weekly rest days cumul...

The study analyzes the features of the individual employment contract, which distinguish it from civil contracts of service provision. It presents only those features that are exclusive and therefore relevant to this contract (legal subordination, legal status of the employee, legal prohibition for the employee to transfer part of his rights, etc.) and not those it shares with civi...