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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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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Indemnizația de neconcurență prevăzutăde Codul muncii. Clarificări privind regimul fiscal al contribuțiilor obligatorii
06 01 2023
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...
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Indemnizația de neconcurență prevăzută de Codul muncii. Clarificări privind regimul fiscal al contribuțiilor obligatorii
06 01 2023
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...
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Problematica concedierii salariatului în legătură cu reducerea numărului sau a statelor de personal în legislația Republicii Moldova
02 01 2021
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...
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Reflecții juridice privind măsurile de protecție a salariaților la operarea concedierii acestora prin prisma legislației Republicii Moldova
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...
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Reflecții juridice privind modul de operare a transferului salariatului la o altă muncă prin prisma Codului muncii al Republicii Moldova
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 ...
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Considerații privind modificarea cadrului legislativ privind detașarea salariaților în cadrul prestării de servicii transnaționale
02 01 2021
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.
...
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Reflecţii asupra muncii suplimentare și repausului săptămânal
01 01 2021
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:
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Consideraţii privind modificările aduse de Legea nr. 213/2020 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii
06 01 2020
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 ...
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