The present article envisages presenting the conciliation as a resolution procedure for the conflicts of interests/collective labour conflicts. The conciliation was stipulated as a resolution procedure for the conflicts of interests/collective labour conflicts even from the first acts that...

Court's ability to replace the disciplinary sanction imposed by the employer with an easier one is the power to individualize employee’s disciplinary sanction imposed by the general statutory criteria – the circumstances of committing the crime, the degree of culpability of the employee...

Economic and labor rights belong to the core of business action, since they constitute the institutional framework for actors involved in business, employers and workers. Since the European integration is progressing, we may speak of a European environment for business, a common market in...

Recently, with the amendments brought to the Labor Code by the Law no. 40/2011, the written form of the individual labor contract became a condition of validity (ad validitatem). The actual and imperative dispositions of art. 16 of the Labor Code establishes the written form of the individual...

Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what...

Our study aims to analyze the disciplinary procedure for contesting the application of disciplinary punishments for certain categories of staff, having as start point the general rules under which any disciplinary decision may be appealed to the courts regardless of the severity of the sanction...

Law no. 40/2011 modifying and supplementing the Labour Code and the Law on Social Dialogue no. 62/2011 have significantly modified the legislative framework regulating the labour conditions. Starting from this year, the architecture of the labour law fundamental institutions has been subjected...

During probation period, the employee is in a fragile position: he/she cannot be sure about the continuation of his/her labour relation. Law no 40/2011 modified the Labour Code in the sense of extending the probation periods in the case of contracts with non-fixed term and temporary contracts....

The labour legislation applicable in public sector is very different from the one applicable in private sector. Unlike the private sector where the market is the most efficient regulator and sanctions all errors made by the assessor, in the public sector there isn’t always a feed-back from the...

A “welfare State” is a concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for...