Category: Employment and Labour Law

laptop lawyer property law

Withholding of taxes and employees’ contributions, but not paying them to the state is no longer an offence

Art. 6 of Law no. 241/2005 provides that “is an offense and is punishable by imprisonment from one year to six years detention withholding and not submitting, intentionally, within 30 days of the due date, the amounts representing taxes or contributions.” In its arguing, the Constitutional Court ruled that the legal provisions in case are […]

laptop lawyer property law

The Labor Code was adopted on 03.09.2015, as a result of a citizens’ legislative initiative

The document, which passed the verification of the Constitutional Court, provides flexible and more balanced labor relations between employees and employers. Among the main changes included in the project are changing the individual labor agreement, amending the duration of leave and bonuses for extra work. According to the explanatory memorandum to the legislative initiative, among […]

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The law which amends the provisions relating to maternity protection at workplaces came into force

Under the new legal provisions, by “job” means the area delimited in space, depending on the specific labor, endowed with the means and materials necessary for the work, in order to achieve an operation, a work or for performing an activity by one or more performers, with their preparation and skills, in appropriate technical circumstances, […]

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The provisions of art. 52 paragraph (1) letter b) of the Labor Code – declared unconstitutional. Decision of the Constitutional Court

The Court finds that the provisions of art. 52 paragraph (1) letter b) of Law No. 53/2003 require a separate analysis of the two theses contained, the causes for the suspension of the individual labor contract being obviously different. This distinct examination has been detained also by Decision No. 81 of 26 February 2015 published […]

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The Doctors will be able to work privately in public hospitals

They may be included in the list of health services, investigations or treatments with payment, those services that meet one of the following conditions: are not included in the basic package settled by the health insurance system; are expressly requested by patients; are comfort medical services; the services whose direct provision is required to be […]

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Days of May 31, 2015 and June 1, 2015 – statutory holidays. What rights do employees have in these days?

However, the Labor Code provides exceptions for certain categories of employees who do not benefit from the legal holidays in which they do not work, respectively in the workplaces in which the work cannot be interrupted due to the nature of the production process or specific activity. Also, the Labor Code mentions that, by Government […]

laptop lawyer property law

The Constitutional Court ruled that the employer cannot suspend the contract of the employee, in case of filleing against him a criminal complaint

Regarding this exception of unconstitutionality, the Constitutional Court decided on admission of it and found that the provisions of art. 52 paragraph (1) letter b) first sentence of Law 53/2003 – Labor Code are unconstitutional. According to the existing provisions of the Labor Code, the suspension of the individual labor contract can occur de iure, […]