SUSPENSION OF THE INDIVIDUAL LABOR CONTRACT IN LIGHT OF NEW REGULATIONS LEAVE ACCOMMODATIVE Cover Image
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SUSPENDAREA CONTRACTULUI DE MUNCĂ CONFORM NOILOR REGLEMENTĂRI PRIVIND CONCEDIUL DE ACOMODARE
SUSPENSION OF THE INDIVIDUAL LABOR CONTRACT IN LIGHT OF NEW REGULATIONS LEAVE ACCOMMODATIVE

Author(s): Carmen Drugă, Nicolae Simion
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: vacation accommodation; contract; suspension; payment; labour;

Summary/Abstract: Labour Code, art. 49 para. 1 sets out three ways of suspending the individual labour contract: law, the unilateral act of one of the parties and the parties' agreement. For each way, covers key limiting situations where the individual employment contract or may be suspended. Art. 49 para. 2 of the Code specify that the suspension of individual labour contract has the effect of rendering the suspension of work by the employee and payment of salary rights by the employer. Regardless of why that occurred, the suspension has the effect of rendering work stoppages principal and payment of wages, while maintaining individual labour contract. However, in some situations, the employee is deprived of income, and receives different benefits (for instance, in case of temporary work incapacity, maternity leave, vacation accommodation). The funds needed to pay indemnity, contribution, administrative expenses and the transmission rights are provided from the state budget through the budget of Ministry of Labor, Family, and Social Protection. The application and supporting documents are submitted and registered with the Agency for Payments and Social Inspection county and Bucharest in whose jurisdiction the person entitled domiciled or resident. Calculation and payment of compensation, including individual contribution to health insurance, are the National Agency for Payments and Social Inspection by agencies for payments and social inspection county and Bucharest, and is payable, at the option of the person entitled, in a bank account or at his residence or at the national Fund for health insurance. This paper consider the different interpretation and way of working under the Labour Code in Romania.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 410-416
  • Page Count: 7
  • Language: Romanian
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