This research aims to analyze from the perspective of the fiscal regime the transposition of an obligation regarding the non-compete benefit apparently transposed only formally in the Labour Code, but in the context of the consequences it produces it is important to clarify its implications regarding the fiscal regime towards the legal subjects in legal relationships. The phrase non-compete benefit as it is regulated at the level of nat...

At present, the extremely dynamic environment for the provision of services at transnational level requires an increasing number of entities to temporarily second employees to the territory of a State other than the State in which they are normally employed. In this context, the acquisition of a transnational dimension by labor relations often raises problems as to the legislation applicable to these labor relations.

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 falls under...

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 and, in ...

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 legal regime of the work performed on the weekly rest days is regulated by norms related to two legal institutions, respectively those that regulate the additional work, on the one hand, and those that concern the weekly rest, on the other hand. Keywords: ...

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...

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...

According to the legal regulations from the Labour Code, moral damages can be granted only if the employee is injured by the employer during the execution of the individual labour contract. The acknowledgement of moral damages and the determination of the amount of moral damages in the labour disputes may be a challenge just as it is in the case of civil litigations. The court has the task of ordering the administration of the appropriate evid...

The study presents two recent solutions of the CJEU in interpreting some of the provisions of Directive no. 2000/78/EC establishing a general framework for equal treatment in employment and occupation, regarding the internal regulations of an undertaking prohibiting workers from bearing visible signs of political, philosophical or religious nature at work, and the request of a client of the employer that the work should not be performed by a ...