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Category: Employment and Labour Law

Employment Agreement/Contract vs. Collaboration Agreement

Employment Agreement /Contract versus Collaboration Agreement /Contract in Romania

Whenever you need a service to be provided as an independent activity, you can choose to conclude a collaboration contract/agreement despite of an individual employment agreement/contract in Romania, regarding the tax differences between those two. The law firm Pavel, Margarit and Associates recommends using a lawyer specialized in labor and tax law who can draft […]

Directive 2014/97/EU of 15 October 2014

The Directive 2014/97/EU of 15 October 2014 implements the Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties. Extract from the Directive: “Article 1 Register of suppliers 1.   Member States shall keep and update a register of suppliers, as provided for in Article 5(1) of Directive 2008/90/EC. […]

RIL admitted. The act of conducting activity in shopping centers, on public holidays

 in public holidays as stipulated in article 139 paragraph (1) of the Labor Code, republished, as amended and supplemented, is an offense provided according to art. 260 paragraph (1) letter g) of the Code, when the employer has fulfilled the obligations under art. 142 of this act. Pursuant to art. 141 of Law no. 53/2003 […]

EUCJ. Directive on collective redundancies. Termination of Labor Agreement

If the view were taken that a workers refusal to accept a 25% reduction of his salary does not fall within the definition of redundancy, the directive would be deprived of its full effect and the protection of workers undetermined. According to the Press Release, for the purpose of determining whether there is a collective […]

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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 […]

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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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