Aspecte controversate din sfera dreptului muncii
Controversial issues in the field of labor law
Author(s): Ion Traian ŞtefănescuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: employment contract; duty of loyalty; non-competition clause; employee representatives (union or not); avoid of the employment contract; criteria for the sanction; the contract intuitu personae; the first Labour Code in Romania.
Summary/Abstract: About a number of controversial issues in the field of labor law, the study stated that: it imposes a legal obligation of fidelity realization of the employee to the employer during the execution of the individual labor contract, if the unit does not exist no representative trade union or elected representatives of employees, the employer is still obliged under the principle of good faith, to consult his employees (when the law imposes such consultation) retroactivity rule invalid individual employment contract involves an exception, namely in the payroll materials provided (art. 57 par. 5 of the Labour Code); criteria that must be considered in order to determine the applicable disciplinary sanction refers to a single employer and not the previous employer, the contract individual work was and is still a contract intuitu personae, the first Labour Code in Romania is the 1950, not the 1912 Law of the trades, loan and insurance workers.
Journal: Revista Română de Drept Privat
- Issue Year: 2012
- Issue No: 06
- Page Range: 207-218
- Page Count: 12
- Language: Romanian
- Content File-PDF