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Editura Universul Juridic Labor Code 2020. Related legislation. Comments. Jurisprudence - Alexandru Ticlea

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Publisher: Universul Juridic

Author: Alexandru Ticlea

Pages: 1152

Publisher year: 2020

ISBN: 978-606-39-0644-2

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The Labor Code (Law no. 53/2003) is one of the most important normative acts in the unitary system of our law, for the reason that it concerns over 5 million employees and hundreds of thousands of employers, as well as, indirectly, family members. of these categories of people. It applies both to employment relationships directly under its incidence and to those regulated by special laws, as well as to those not based on an employment contract, insofar as the special rules are not complete and their application is not incompatible with the specifics of the relationships. respective work. This is the case, for example, of civil servants, including those with special status, magistrates, dignitaries (mayors, deputy mayors, etc.).

In order to support those who use the Labor Code in their professional practice (human resources specialists, experts in labor law, legal advisers, lawyers, judges, etc.), each of its texts has been commented, taking into account the specialized doctrine, the decisions of the Constitutional Court, the solutions from the judicial practice, especially of the High Court of Cassation and Justice, pronounced in the interest of the law and in resolving some issues of law, as well as of the courts of appeal.

We also referred to the provisions of some normative acts that we integrated or added to the commented texts. In the same way we proceeded with the numerous solutions from the judicial practice.

We have developed this edition of the Labor Code in an extensive manner, animated by the hope that it will undoubtedly be a useful and practical tool for work and study for all those interested.
  • Labor Code 2020. Related legislation. Comments. Jurisprudence - Alexandru Ticlea

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Alexandru Ticlea

Studies:

Bachelor of Laws (University of Bucharest, Faculty of Law: 1973-1977 - Department of Economic and Administrative Law; 1978-1982 - Department of Law); doctor of law (1989); has competences in Labor Law, Social Security Law, Civil Law, Commercial Law, Rhetoric.

Activities:
He is Vice President - Ecological University of Bucharest; Rector, PhD professor - Ecological University of Bucharest (2008-2016); lawyer - Bucharest Bar; president - Romanian Labor Law Association; founding director - Romanian Journal of Labor Law; associate member - Romanian Academy of Scientists; honorary president - Union of Experts in Labor Legislation; arbitrator - Arbitration Tribunal in Transports; corresponding member - Academy of Legal Sciences.

Doctor honoris causa:
- since December 2013 at the State University of Chisinau, Republic of Moldova;
- since May 2015 at the University of Wallachia in Targoviste;
- since September 2015 at Vasile Goldis University of Arad.

Publications:
- Published: 103 treatises, courses, monographs; 194 articles, studies, notes; 7 papers published abroad.
- Participated in numerous conferences, seminars, scientific symposia.
- He is a member of the scientific research committee on projects funded by the European Commission ("The right to strike in Europe", "Trade Union representation in the European Union member countries").
- Award-winning works: by the Union of Romanian Lawyers (Rhetoric, 2008, “Ioan Gruia” Award; Public Labor Law, 2011, Special Prize; Labor Law Treaty, 8th Edition, 2014, Honorary Diploma); by the Romanian Academy (Labor Law Treaty, 5th Edition, 2012, “Simion Barnutiu” Award).

content

LIST OF ABBREVIATIONS / 12
ARGUMENT / 15

TITLE I. GENERAL PROVISIONS / 17

CHAPTER I. SCOPE / 17
Article 1/17 / Article 2/24

CHAPTER II. FUNDAMENTAL PRINCIPLES / 30
Article 3/30
Article 4/35
Article 5/38
Article 6/70
Article 7/79
Article 8/81
Article 9/87

TITLE II. INDIVIDUAL EMPLOYMENT CONTRACT / 91

CHAPTER I. CONCLUSION OF THE INDIVIDUAL EMPLOYMENT CONTRACT / 91
Article 10/91
Article 11/98
Article 12/99
Article 13/103
Article 14/108
Article 15/112
Article 151/113
Article 16/115
Article 161/118
Article 17/119
Article 18/125
Article 19/126
Article 20/127
Article 21/131
Article 22/137
Article 23/140
Article 24/142
Article 25/143
Article 26/145
Article 27/147
Article 28/149
Article 29/151
Article 30/152
Article 31/155
Article 32/162
Article 33/163
Article 34/163
Article 35/170
Article 36/181

CHAPTER II. EXECUTION OF THE INDIVIDUAL EMPLOYMENT CONTRACT / 190
Article 37/190
Article 38/191
Article 39/193
Article 40/206

CHAPTER III. MODIFICATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT / 219
Article 41/219
Article 42/232
Article 43/233
Article 44/236
Article 45/242
Article 46/247
Article 47/250
Article 48/252

CHAPTER IV. SUSPENSION OF THE INDIVIDUAL EMPLOYMENT CONTRACT / 254
Article 49/254
Article 50/256
Article 51/266
Article 52/284
Article 53/295
Article 54/297

CHAPTER V. TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT / 298
Article 55/298
Section 1. Termination of the individual employment contract / 304
Article 56/304 / Article 57/340
Section 2. Dismissal / 346
Article 58/346
Article 59/348
Article 60/349
Section 3. Dismissal for reasons related to the employee / 368
Article 61/368
Article 62/394
Article 63/396
Article 64/398
Article 65/402
Article 66/432
Article 67/437
Section 5. Collective redundancy, information, consultation of employees and collective redundancies procedure / 446
Article 68/446
Article 69/449
Article 70/458
Article 71/459
Article 72/459
Article 73/460
Article 74/461
Section 6. The right to notice / 464
Article 75/464
Article 76/474
Article 77/487
Section 7. Control and sanctioning of illegal dismissals / 489
Article 78/489
Article 79/493
Article 80/494
Section 8. Resignation / 507
Article 81/507

CHAPTER VI. INDIVIDUAL EMPLOYMENT CONTRACT FOR A DETERMINED DURATION / 518
Article 82/518
Article 83/520
Article 84/529
Article 85/530
Article 86/531
Article 87/532

CHAPTER VII. WORK THROUGH TEMPORARY EMPLOYMENT AGENT / 533
Article 88/533
Article 89/536
Article 90/537
Article 91/537
Article 92/538
Article 93/539
Article 94/540
Article 95/540
Article 96/541
Article 97/542
Article 98/543
Article 99/544
Article 100/54
Article 101/545
Article 102/545

CHAPTER VIII. INDIVIDUAL PART-TIME EMPLOYMENT CONTRACT / 546
Article 103/546
Article 104/547
Article 105/548
Article 106/549
Article 107/551

CHAPTER IX. WORK AT HOME / 551
Article 108/551
Article 109/554
Article 110/559

TITLE III. WORKING TIME AND REST TIME / 561

CHAPTER I. WORKING TIME / 561
Section 1. Duration of working time / 561
Article 111/561
Article 112/577
Article 113/580
Article 114/584
Article 115/586
Article 116/600
Article 117/601
Article 118/601
Article 119/603
Section 2. Additional work / 604
Article 120/604
Article 121/606
Article 122/620
Article 123/622
Article 124/625
Section 3. Night work / 625
Article 125/625
Article 126/627
Article 127/628
Article 128/629
Section 4. Work norm / 630
Article 129/630
Article 130/630
Article 131/63
Article 132/634

CHAPTER II. PERIODIC RESTS / 634
Article 133/634
Section 1. Lunch break and daily rest / 635
Article 134/635
Article 135/637
Article 136/638
Section 2. Weekly rest / 638
Article 137/638 / Article 138/649
Section 3. Legal holidays / 650
Article 139/650
Article 140/656
Article 141/656
Article 142/657
Article 143/657

CHAPTER III. CONCEDIILE / 660
Section 1. Annual rest leave and other employee leave / 660
Article 144/660
Article 145/660
Article 146/664
Article 147/673
Article 1471/674
Article 148/674
Article 149/680
Article 150/681
Article 151/686
Article 152/689
Article 153/690
Section 2. Vocational training leave / 692
Article 154/692
Article 155/692
Article 156/693
Article 157/693
Article 158/694

TITLE IV. SALARY / 695

CHAPTER I. PROVISIONII GENERAL / 695
Article 159/695
Article 160/699
Article 161/711
Article 162/711
Article 163/716

CHAPTER II. MINIMUM GROSS BASIC SALARY IN THE COUNTRY GUARANTEED IN PAYMENT / 718
Article 164  / 718 / Article 165/721

CHAPTER III. PAYMENT OF SALARY / 723
Article 166/723
Article 167/727
Article 168/727
Article 169/730
Article 170/733
Article 171/733

CHAPTER IV. GUARANTEE FUND FOR THE PAYMENT OF SALARY RECEIVABLES / 734
Article 172/734

CHAPTER V. PROTECTION OF EMPLOYEES 'RIGHTS IN THE EVENT OF THE TRANSFER OF THE ENTERPRISE, OF THE UNIT OR OF SOME OF ITS PARTS / 736
Article 173  / 736 / Article 174/738

TITLE V. OCCUPATIONAL HEALTH AND SAFETY / 739

CHAPTER I. GENERAL RULES / 739
Article 175/739
Article 176/740
Article 177/744
Article 178/749
Article 179/749
Article 180/751
Article 181/754
Article 182/755

CHAPTER II. OCCUPATIONAL SAFETY AND HEALTH COMMITTEE / 756
Article 183/756
Article 184/756
Article 185/757

CHAPTER III. PROTECTION OF EMPLOYEES THROUGH MEDICAL SERVICES / 759
Article 186/759
Article 187/759
Article 188/760
Article 189/760
Article 190/762
Article 191/762

TITLE VI. VOCATIONAL TRAINING / 763

CHAPTER I. GENERAL PROVISIONS / 763
Article 192/763
Article 193/764
Article 194/766
Article 195/767
Article 196/768
Article 197/769
Article 198/785
Article 199/793
Article 200/793

CHAPTER II. SPECIAL VOCATIONAL TRAINING CONTRACTS ORGANIZED BY THE EMPLOYER / 794
Article 201/794
Article 202/794
Article 203/795
Article 204/795
Article 205/796
Article 206/796
Article 207/797

CHAPTER III. WORKSHOP CONTRACT CONTRACT / 797
Article 208/797
Article 209/802
Article 210/802

TITLE VII. SOCIAL DIALOGUE / 803

CHAPTER I. GENERAL PROVISIONS / 803
Article 211/803
Article 212/804
Article 213/805

CHAPTER II. TRADE UNIONS / 806
Article 214/806
Article 215/819
Article 216/819
Article 217/821
Article 218/825
Article 219/826
Article 220/827

CHAPTER III. EMPLOYEE REPRESENTATIVES / 828
Article 221/828
Article 222/829
Article 223/829
Article 224/831
Article 225/831
Article 226/831

CHAPTER IV. BOARD OF TRUSTEES / 832
Article 227/832 / Article 228/833

TITLE VIII. COLLECTIVE LABOR CONTRACTS / 838
Article 229/838 / Article 230/842

TITLE IX. LABOR CONFLICTS / 857

CHAPTER I. GENERAL PROVISIONS / 857
Article 231 / .857 / Article 232/860

CHAPTER II. STRIKE / 864
Article 233/864
Article 234/866
Article 235/867
Article 236/868

TITLE X. LABOR INSPECTION / 881
Article 237/881
Article 238/888
Article 239/888
Article 240/891

TITLE XI. LEGAL LIABILITY / 893

CHAPTER I. RULES OF PROCEDURE / 893
Article 241/893
Article 242/895
Article 243/911
Article 244/912
Article 245/13
Article 246/914

CHAPTER II. DISCIPLINARY RESPONSIBILITY / 915
Article 247/915
Article 248/931
Article 249/942
Article 250/942
Article 251/949
Article 252/958

CHAPTER III. PATRIMONIAL RESPONSIBILITY / 984
Article 253/984
Article 254/1001
Article 255/1043
Article 256/1045
Article 257/1066
Article 258/1068
Article 259/1069

CHAPTER IV. CONTRAVENTIONAL LIABILITY / 1070
Article 260/1070

CHAPTER V. CRIMINAL LIABILITY / 1093
Article 261/1093
Article 262/1093
Article 263/1093
Article 264/1094
Article 265/1094

TITLE XII. LABOR JURISDICTION / 1106

CHAPTER I. GENERAL PROVISIONS / 1106
Article 266/1106
Article 267/1109
ART 268/1115

CHAPTER II. MATERIAL AND TERRITORIAL COMPETENCE / 1127
Article 269/1127

CHAPTER III. SPECIAL RULES OF PROCEDURE / 1130
Article 270/1130
Article 271/1131
Article 272/1133
Article 273/1135
Article 274/1137
Article 275/1140

TITLE XIII. TRANSITIONAL AND FINAL PROVISIONS / 1143
Article 276/1143
Article 277/1143
Article 278/1144
Article 279/1145
Article 280/1146
Article 281/1147
Article II / 1148

SELECTIVE BIBLIOGRAPHY / 1151

The Labor Code (Law no. 53/2003) is one of the most important normative acts in the unitary system of our law, for the reason that it concerns over 5 million employees and hundreds of thousands of employers, as well as, indirectly, family members. of these categories of people. It applies both to employment relationships directly under its incidence and to those regulated by special laws, as well as to those not based on an employment contract, insofar as the special rules are not complete and their application is not incompatible with the specifics of the relationships. respective work. This is the case, for example, of civil servants, including those with special status, magistrates, dignitaries (mayors, deputy mayors, etc.).

In order to support those who use the Labor Code in their professional practice (human resources specialists, experts in labor law, legal advisers, lawyers, judges, etc.), each of its texts has been commented, taking into account the specialized doctrine, the decisions of the Constitutional Court, the solutions from the judicial practice, especially of the High Court of Cassation and Justice, pronounced in the interest of the law and in resolving some issues of law, as well as of the courts of appeal.

We also referred to the provisions of some normative acts that we integrated or added to the commented texts. In the same way we proceeded with the numerous solutions from the judicial practice.

We have developed this edition of the Labor Code in an extensive manner, animated by the hope that it will undoubtedly be a useful and practical tool for work and study for all those interested.

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