The National Labor Relations Board's (NLRB's) 2004 Brown University decision held that graduate student teaching and research assistants were not employees, and therefore, were not protected by the National Labor Relations Act (NLRA). Deciding whether individuals are employees as defined by the...

The requalification of the civil contract as an employment contract is the work of unlocking its true legal nature, thus removing the improper (or deliberately misleading) terms used by the parties and revealing the true understanding between them. The requalification can be performed by a...

Today, there is virtually no legal system that does not enshrine collective bargaining – as the foundation of a balance of forces in the labour market. At each level it is conducted (international - European - national - sector - local - unit), it determines the way labour relations are...

Labour Law is dealing with a period of tremendous changes, which may even jeopardise its legitimacy. Solidarity between employees has lost its vigour since the organisational culture of the company shows a trend towards internal competition. Indeed, decreased union membership and increased...

The changes in the Romanian Labour Code appear to be a way of implementing the concept of flexicurity in our system of law. And among all institutions changed by the new law, probably the one related to termination of employment has the most dramatic effect within labour relations and the very...

Abstract: How much value does collective bargaining add to the working conditions already established in general labour law? In this paper we propose a methodology to address this question: we compare the specific contents of collective agreements (except minimum wages) to their equivalent norms...

Many governments extend the coverage of collective agreements to workers and employ- ers that were not involved in their bargaining. These extensions may address coordination issues but may also distort competition by imposing sector-specific minimum wages and other work conditions that are not...

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...

Labour Law is dealing with a period of tremendous changes, which may even jeopardise its legitimacy. Solidarity between employees has lost its vigour since the organisational culture of the company shows a trend towards internal competition. Indeed, decreased union membership and increased...