Manuscript proposals: info@editurauniversitara.ro / 0745 204 115 //// Tracking orders Individuals / Sales:0745 200 718 / 0745 200 357 Orders Legal entities: 0721 722 783
EN 
Romana
6359.png "Editura Universitara")
Labor Law
![Labor Law [1]](https://gomagcdn.ro/domains/editurauniversitara.ro/files/product/original/dreptul-muncii-1172-54749.jpg "Labor Law [1]")
ISBN: 978-606-591-861-0
DOI: 10.5682/9786065918610
Publisher year: 2013
Edition: I
Pages: 552
Publisher: Editura Universitara
Author: Olia-Maria Corsiuc
Product Code:
9786065918610
Do you need help?
0745 200 718
/
0745 200 357
- Description
- Download (1)
- Authors
- Content
- More details
- Where to find it
- Reviews (0)
This paper was developed in order to provide both students at the faculties of law and public administration a more complete study material as the " labor law " .
The material presented is imposed as a useful tool for legal practitioners and specialists in human resources by combining theoretical and practical aspects , regarding labor law , topical area.
-
Dreptul muncii
Download
Olia-Maria Corsiuc
CONTENT
List of abbreviations / 5
CHAPTER I
GENERAL CONSIDERATIONS REGARDING LABOR LAW
Introductory notions / 15
The notion and object of labor law / 18
Legal labor relations / 21
The notion and features of legal labor relations / 21
Forms of legal labor relations / 24
Sources of labor law. Notion. Categories of sources / 37
Principles of labor law / 51
CHAPTER II
SOCIAL DIALOGUE AND TRIPARTITE COOPERATION
Introductory notions / 61
Regulation and notion of social dialogue / 61
Tripartism. Tripartite bodies / 65
Other bodies designed to facilitate social dialogue / 77
CHAPTER III
TRADE UNION ORGANIZATIONS AND EMPLOYEE REPRESENTATIVES
Generalities regarding trade union organizations / 83
The notion, regulation and features of trade unions / 83
Freedom of association / 85
The notion of freedom of association / 85
Sources of trade union freedom / 86
Individual freedom of association / 88
Collective freedom of association / 94
Protection and guarantee of freedom of association in our legislation… / 97
Establishment, organization and functioning of trade unions / 99
Establishment of trade unions / 99
Organization of trade unions / 101
Attributions of trade unions / 105
Association and trade union affiliation / 108
Trade union association / 108
Trade union affiliation / 110
Reorganization and dissolution of trade unions / 110
Trade union action / 111
Representation of trade unions / 111
Defending the interests of employees / 113
Claims of the unions / 114
Representatives of employees (employees) / 115
Regulation. Attributions / 115
Election and mandate of employees' representatives / 116
The attributions of the employees' representatives / 117
CHAPTER IV
EMPLOYERS 'ORGANIZATIONS
Generalities regarding the employers' associations / 119
The notion of employer / 119
The importance of employers (employers) in labor relations / 120
Categories of legal entities - employers / 120
Establishment and organization of employers' organizations / 122
Establishment of employers' organizations / 122
Organization of employers' organizations / 123
Functioning of employers' organizations / 125
Rights and obligations of employers' organizations / 125
The patrimony and the financing of the activity / 126
Dissolution and liquidation of employers' organizations / 126
Representativeness of employers' organizations / 127
CHAPTER V
LABOR MARKET AND THE ROLE OF THE STATE IN LABOR RELATIONS
General notions regarding the labor market. State intervention on the labor market / 129
The notion of the labor market / 129
Regulation of state intervention on the labor market and in labor relations / 130
Labor Inspection / 143
Regulation. Organization and functioning / 143
General functions of the Labor Inspectorate / 144
Duties of the Labor Inspectorate / 145
CHAPTER VI
VOCATIONAL TRAINING
The notion, regulation and objectives of professional training / 151
The notion of professional training / 151
Regulation and main objectives of vocational training / 152
Initial vocational training and continuing education / 154
Initial professional training / 154
Continuing education / 155
Adult vocational training / 156
Introductory notions / 156
Competent bodies for adult vocational training / 158
Authorization of vocational training providers / 159
Evaluation and certification of adult vocational training / 159
Vocational training of job seekers / 160
General notions / 160
Rights and obligations of persons following vocational training programs / 162
Vocational training of employees / 163
Generalities / 163
Participation in professional training / 163
Expenditure on vocational training / 164
Special professional training contracts organized by the employer… / 165
Professional qualification contract / 165
Professional adaptation contract / 166
Apprenticeship contract at work / 167
Regulation. Notion / 167
Parts of the apprenticeship contract at work / 168
Form, content and duration of the apprenticeship contract / 169
Master's degree studies / 174
Organization. Admittance. Diploma / 174
Doctoral university studies / 176
Organization. Admission… / 176
PhD student. Doctoral supervisor / 177
Thesis. Diploma. Sanctions / 179
Postgraduate programs / 181
Categories of postgraduate programs / 181
Private scholarships / 182
Introductory notions / 182
Private scholarship contract / 182
Vocational training leave / 183
CHAPTER VII
COLLECTIVE LABOR CONTRACT AND COLLECTIVE LABOR AGREEMENTS
Introductory notions / 185
Definition and importance of the collective labor contract / 185
Legal nature and characters of the collective labor contract / 186
Categories of collective labor agreements. Collective agreements / 188
Negotiation and conclusion of collective labor agreements / 192
Negotiation and conclusion of collective agreements / 196
Registration and publicity of collective labor agreements / 197
The effects of contracts their collective labor / 199
The collective labor contract - source of law / 199
The sphere of employees subject to the effects of the collective labor contract / 200
The influence of the collective labor contract on the individual labor contracts / 201
Execution and modification of collective labor contracts / 202
Execution of collective labor agreements / 202
Modification of the collective labor contract / 203
Suspension and termination of the collective labor contract / 206
Suspension of the collective labor contract / 206
Termination of the collective labor contract / 207
CHAPTER VIII
LABOR CONTRACT
General considerations / 210
Regulation and definition of the individual employment contract / 210
Elements of the individual employment contract / 211
Characteristic features of the individual employment contract / 212
Individual employment contract and other contracts / 217
The individual labor contract and the collective labor contract / 217
The individual labor contract and the civil contract for the lease of the works / 218
The individual employment contract and the volunteering contract / 222
Conclusion of the individual employment contract / 224
Introductory considerations / 224
The legal capacity of the employee. Incompatibilities / 225
Medical examination / 233
Legal capacity of the employer / 236
Consent of the parties / 238
Object of the individual employment contract / 241
The cause of the individual employment contract / 242
Specific conditions for concluding the individual employment contract / 244
Duration of the individual employment contract / 260
The content of the individual employment contract / 261
Form and registration of the individual employment contract / 270
Cumulative functions / 271
Exceptions to the possibility of cumulation of functions. Legal incompatibilities / 276
The rights and obligations of the parties to the individual employment contract / 281
Mandatory power of contract / 281
Rights and obligations of the employer / 282
Rights and obligations of employees / 302
Suspension of the individual employment contract / 306
Generalities / 306
Cases of suspension of the individual employment contract / 307
Procedure and effects of suspension / 309
Modification of the individual employment contract / 311
Introductory notions / 311
Delegation / 313
Detachment / 315
Temporary transfer to another job / 321
Other cases of final modification of the individual employment contract / 322
Termination of the individual employment contract / 323
Introductory considerations / 323
Termination of law / 324
Termination by agreement of the parties / 325
Dismissal / 326
Collective redundancy / 328
Prohibitions on dismissal / 331
Procedure for dismissal of employees… / 333
Control and sanctioning of illegal dismissals / 343
Resignation / 345
Special individual employment contracts… / 348
Temporary employment contract with a temporary employment agent / 348
Individual part - time employment contract / 352
Individual work at home contract / 355
CHAPTER IX
REMUNERATION
The notion and elements of the salary / 357
The notion of salary / 357
Salary elements / 358
Salary categories / 359
Nominal salary and real salary / 359
Minimum gross basic salary in the country guaranteed in payment / 359
Salary system / 360
The notion and principles of the salary system / 360
The notion and classification of forms of remuneration through negotiation / 363
Remuneration of staff paid from public funds / 366
Remuneration of the contractual personnel from the public administration / 373
Payment of salaries / 374
Obligations of the employer / 374
Conditions regarding the payment of salaries / 376
CHAPTER X
WORK TIME AND REST TIME
Working time / 378
The notion and classification of working time / 378
Duration of working time / 379
Rest time / 386
The notion and forms of rest time / 386
Lunch break, breastfeeding break and rest time between two working days / 386
Weekly rest / 387
Breaks and rest periods for drivers / 388
Legal holidays / 389
The right to rest leave / 390
Duration of rest leave (basic) / 391
Additional rest leave / 392
Conditions for acquiring and exercising the right to rest leave / 393
Scheduling and performing the rest leave / 394
Holiday allowance. Cash compensation for rest leave / 396
Other holidays and days off / 398
CHAPTER XI
DISCIPLINARY RESPONSIBILITY
Work discipline and disciplinary liability. Notions and characteristic features / 401
The notion and the characteristic features of the work discipline… / 401
Definition and features of disciplinary liability / 403
Conditions of disciplinary liability / 405
The accumulation of disciplinary liability with other forms of legal liability / 409
Cumulative disciplinary liability with patrimonial liability… / 409
Cumulation of disciplinary liability with criminal liability / 409
The cumulation of disciplinary liability with contraventional liability / 411
Disciplinary sanctions / 412
The notion and classification of disciplinary sanctions / 412
Breast general disciplinary actions / 414
Special disciplinary sanctions / 414
Competent bodies to apply disciplinary sanctions / 416
Preliminary disciplinary research / 418
Application of the disciplinary sanction. Sanctioning decision / 419
Execution of disciplinary sanctions / 423
The appeal against the disciplinary sanctions and the procedure for solving it / 424
Disciplinary deregistration / 426
CHAPTER XII
PATRIMONIAL RESPONSIBILITY
Definition and features of patrimonial liability / 428
Correlation of patrimonial liability with other forms of legal liability / 430
Patrimonial liability and contractual civil liability / 430
Patrimonial liability and tortious civil liability / 431
Patrimonial responsibility and material responsibility / 432
Patrimonial liability and liability for moral damages / 433
The obligation to reimburse the amounts unduly collected by the employee / 433
The patrimonial responsibility of the employer towards the employees / 434
Forms of patrimonial responsibility of employees / 436
The conditions of the patrimonial responsibility of the employees / 440
General procedure for establishing and recovering the damages caused to the employer / 446
CHAPTER XIII
LABOR CONFLICTS AND THEIR SOLUTION
The notion and classification of labor conflicts / 450
Collective labor disputes and their resolution / 451
Definition and characteristic features of collective labor disputes / 451
Situations in which collective labor disputes can be triggered / 452
The premises for triggering the collective labor conflict / 454
Reconciling collective labor disputes / 456
Mediation and arbitration of collective labor disputes / 460
Strike. Notion and characteristic features / 462
The right to strike and its limits / 466
Categories of strikes / 469
Declaration of the strike / 476
Prohibitions and limitations in declaring the strike / 478
Carrying out the strike / 482
Obligations of the organizers of the strike and of the management of the unit (employer) / 485
Cessation of the strike / 486
Legal liability for non - compliance with the legal provisions regarding the strike / 488
Labor jurisdiction / 493
The general notion regarding the labor jurisdiction / 493
Parties to labor disputes / 496
Mediation of individual labor disputes / 500
The courts competent to resolve labor disputes. Material competence / 507
Territorial jurisdiction of the courts / 511
Notification of the court / 513
The set for resolving labor disputes in the first instance. Judicial assistants / 514
The terms for notifying the court / 515
Procedure for resolving labor disputes / 520
The decisions of the courts / 522
Call / 523
Extraordinary means of attack / 524
Grid tests / 525
Selective bibliography / 547
List of abbreviations / 5
CHAPTER I
GENERAL CONSIDERATIONS REGARDING LABOR LAW
Introductory notions / 15
The notion and object of labor law / 18
Legal labor relations / 21
The notion and features of legal labor relations / 21
Forms of legal labor relations / 24
Sources of labor law. Notion. Categories of sources / 37
Principles of labor law / 51
CHAPTER II
SOCIAL DIALOGUE AND TRIPARTITE COOPERATION
Introductory notions / 61
Regulation and notion of social dialogue / 61
Tripartism. Tripartite bodies / 65
Other bodies designed to facilitate social dialogue / 77
CHAPTER III
TRADE UNION ORGANIZATIONS AND EMPLOYEE REPRESENTATIVES
Generalities regarding trade union organizations / 83
The notion, regulation and features of trade unions / 83
Freedom of association / 85
The notion of freedom of association / 85
Sources of trade union freedom / 86
Individual freedom of association / 88
Collective freedom of association / 94
Protection and guarantee of freedom of association in our legislation… / 97
Establishment, organization and functioning of trade unions / 99
Establishment of trade unions / 99
Organization of trade unions / 101
Attributions of trade unions / 105
Association and trade union affiliation / 108
Trade union association / 108
Trade union affiliation / 110
Reorganization and dissolution of trade unions / 110
Trade union action / 111
Representation of trade unions / 111
Defending the interests of employees / 113
Claims of the unions / 114
Representatives of employees (employees) / 115
Regulation. Attributions / 115
Election and mandate of employees' representatives / 116
The attributions of the employees' representatives / 117
CHAPTER IV
EMPLOYERS 'ORGANIZATIONS
Generalities regarding the employers' associations / 119
The notion of employer / 119
The importance of employers (employers) in labor relations / 120
Categories of legal entities - employers / 120
Establishment and organization of employers' organizations / 122
Establishment of employers' organizations / 122
Organization of employers' organizations / 123
Functioning of employers' organizations / 125
Rights and obligations of employers' organizations / 125
The patrimony and the financing of the activity / 126
Dissolution and liquidation of employers' organizations / 126
Representativeness of employers' organizations / 127
CHAPTER V
LABOR MARKET AND THE ROLE OF THE STATE IN LABOR RELATIONS
General notions regarding the labor market. State intervention on the labor market / 129
The notion of the labor market / 129
Regulation of state intervention on the labor market and in labor relations / 130
Labor Inspection / 143
Regulation. Organization and functioning / 143
General functions of the Labor Inspectorate / 144
Duties of the Labor Inspectorate / 145
CHAPTER VI
VOCATIONAL TRAINING
The notion, regulation and objectives of professional training / 151
The notion of professional training / 151
Regulation and main objectives of vocational training / 152
Initial vocational training and continuing education / 154
Initial professional training / 154
Continuing education / 155
Adult vocational training / 156
Introductory notions / 156
Competent bodies for adult vocational training / 158
Authorization of vocational training providers / 159
Evaluation and certification of adult vocational training / 159
Vocational training of job seekers / 160
General notions / 160
Rights and obligations of persons following vocational training programs / 162
Vocational training of employees / 163
Generalities / 163
Participation in professional training / 163
Expenditure on vocational training / 164
Special professional training contracts organized by the employer… / 165
Professional qualification contract / 165
Professional adaptation contract / 166
Apprenticeship contract at work / 167
Regulation. Notion / 167
Parts of the apprenticeship contract at work / 168
Form, content and duration of the apprenticeship contract / 169
Master's degree studies / 174
Organization. Admittance. Diploma / 174
Doctoral university studies / 176
Organization. Admission… / 176
PhD student. Doctoral supervisor / 177
Thesis. Diploma. Sanctions / 179
Postgraduate programs / 181
Categories of postgraduate programs / 181
Private scholarships / 182
Introductory notions / 182
Private scholarship contract / 182
Vocational training leave / 183
CHAPTER VII
COLLECTIVE LABOR CONTRACT AND COLLECTIVE LABOR AGREEMENTS
Introductory notions / 185
Definition and importance of the collective labor contract / 185
Legal nature and characters of the collective labor contract / 186
Categories of collective labor agreements. Collective agreements / 188
Negotiation and conclusion of collective labor agreements / 192
Negotiation and conclusion of collective agreements / 196
Registration and publicity of collective labor agreements / 197
The effects of contracts their collective labor / 199
The collective labor contract - source of law / 199
The sphere of employees subject to the effects of the collective labor contract / 200
The influence of the collective labor contract on the individual labor contracts / 201
Execution and modification of collective labor contracts / 202
Execution of collective labor agreements / 202
Modification of the collective labor contract / 203
Suspension and termination of the collective labor contract / 206
Suspension of the collective labor contract / 206
Termination of the collective labor contract / 207
CHAPTER VIII
LABOR CONTRACT
General considerations / 210
Regulation and definition of the individual employment contract / 210
Elements of the individual employment contract / 211
Characteristic features of the individual employment contract / 212
Individual employment contract and other contracts / 217
The individual labor contract and the collective labor contract / 217
The individual labor contract and the civil contract for the lease of the works / 218
The individual employment contract and the volunteering contract / 222
Conclusion of the individual employment contract / 224
Introductory considerations / 224
The legal capacity of the employee. Incompatibilities / 225
Medical examination / 233
Legal capacity of the employer / 236
Consent of the parties / 238
Object of the individual employment contract / 241
The cause of the individual employment contract / 242
Specific conditions for concluding the individual employment contract / 244
Duration of the individual employment contract / 260
The content of the individual employment contract / 261
Form and registration of the individual employment contract / 270
Cumulative functions / 271
Exceptions to the possibility of cumulation of functions. Legal incompatibilities / 276
The rights and obligations of the parties to the individual employment contract / 281
Mandatory power of contract / 281
Rights and obligations of the employer / 282
Rights and obligations of employees / 302
Suspension of the individual employment contract / 306
Generalities / 306
Cases of suspension of the individual employment contract / 307
Procedure and effects of suspension / 309
Modification of the individual employment contract / 311
Introductory notions / 311
Delegation / 313
Detachment / 315
Temporary transfer to another job / 321
Other cases of final modification of the individual employment contract / 322
Termination of the individual employment contract / 323
Introductory considerations / 323
Termination of law / 324
Termination by agreement of the parties / 325
Dismissal / 326
Collective redundancy / 328
Prohibitions on dismissal / 331
Procedure for dismissal of employees… / 333
Control and sanctioning of illegal dismissals / 343
Resignation / 345
Special individual employment contracts… / 348
Temporary employment contract with a temporary employment agent / 348
Individual part - time employment contract / 352
Individual work at home contract / 355
CHAPTER IX
REMUNERATION
The notion and elements of the salary / 357
The notion of salary / 357
Salary elements / 358
Salary categories / 359
Nominal salary and real salary / 359
Minimum gross basic salary in the country guaranteed in payment / 359
Salary system / 360
The notion and principles of the salary system / 360
The notion and classification of forms of remuneration through negotiation / 363
Remuneration of staff paid from public funds / 366
Remuneration of the contractual personnel from the public administration / 373
Payment of salaries / 374
Obligations of the employer / 374
Conditions regarding the payment of salaries / 376
CHAPTER X
WORK TIME AND REST TIME
Working time / 378
The notion and classification of working time / 378
Duration of working time / 379
Rest time / 386
The notion and forms of rest time / 386
Lunch break, breastfeeding break and rest time between two working days / 386
Weekly rest / 387
Breaks and rest periods for drivers / 388
Legal holidays / 389
The right to rest leave / 390
Duration of rest leave (basic) / 391
Additional rest leave / 392
Conditions for acquiring and exercising the right to rest leave / 393
Scheduling and performing the rest leave / 394
Holiday allowance. Cash compensation for rest leave / 396
Other holidays and days off / 398
CHAPTER XI
DISCIPLINARY RESPONSIBILITY
Work discipline and disciplinary liability. Notions and characteristic features / 401
The notion and the characteristic features of the work discipline… / 401
Definition and features of disciplinary liability / 403
Conditions of disciplinary liability / 405
The accumulation of disciplinary liability with other forms of legal liability / 409
Cumulative disciplinary liability with patrimonial liability… / 409
Cumulation of disciplinary liability with criminal liability / 409
The cumulation of disciplinary liability with contraventional liability / 411
Disciplinary sanctions / 412
The notion and classification of disciplinary sanctions / 412
Breast general disciplinary actions / 414
Special disciplinary sanctions / 414
Competent bodies to apply disciplinary sanctions / 416
Preliminary disciplinary research / 418
Application of the disciplinary sanction. Sanctioning decision / 419
Execution of disciplinary sanctions / 423
The appeal against the disciplinary sanctions and the procedure for solving it / 424
Disciplinary deregistration / 426
CHAPTER XII
PATRIMONIAL RESPONSIBILITY
Definition and features of patrimonial liability / 428
Correlation of patrimonial liability with other forms of legal liability / 430
Patrimonial liability and contractual civil liability / 430
Patrimonial liability and tortious civil liability / 431
Patrimonial responsibility and material responsibility / 432
Patrimonial liability and liability for moral damages / 433
The obligation to reimburse the amounts unduly collected by the employee / 433
The patrimonial responsibility of the employer towards the employees / 434
Forms of patrimonial responsibility of employees / 436
The conditions of the patrimonial responsibility of the employees / 440
General procedure for establishing and recovering the damages caused to the employer / 446
CHAPTER XIII
LABOR CONFLICTS AND THEIR SOLUTION
The notion and classification of labor conflicts / 450
Collective labor disputes and their resolution / 451
Definition and characteristic features of collective labor disputes / 451
Situations in which collective labor disputes can be triggered / 452
The premises for triggering the collective labor conflict / 454
Reconciling collective labor disputes / 456
Mediation and arbitration of collective labor disputes / 460
Strike. Notion and characteristic features / 462
The right to strike and its limits / 466
Categories of strikes / 469
Declaration of the strike / 476
Prohibitions and limitations in declaring the strike / 478
Carrying out the strike / 482
Obligations of the organizers of the strike and of the management of the unit (employer) / 485
Cessation of the strike / 486
Legal liability for non - compliance with the legal provisions regarding the strike / 488
Labor jurisdiction / 493
The general notion regarding the labor jurisdiction / 493
Parties to labor disputes / 496
Mediation of individual labor disputes / 500
The courts competent to resolve labor disputes. Material competence / 507
Territorial jurisdiction of the courts / 511
Notification of the court / 513
The set for resolving labor disputes in the first instance. Judicial assistants / 514
The terms for notifying the court / 515
Procedure for resolving labor disputes / 520
The decisions of the courts / 522
Call / 523
Extraordinary means of attack / 524
Grid tests / 525
Selective bibliography / 547
This paper was developed in order to provide both students at the faculties of law and public administration a more complete study material as the " labor law " .
The material presented is imposed as a useful tool for legal practitioners and specialists in human resources by combining theoretical and practical aspects , regarding labor law , topical area.
www.editurauniversitara.ro
If you want to express your opinion about this product you can add a review.
write a review
Similar products
Introduction to the study of law and state. University course
The Criminal Code and the Code of Criminal Procedure. Updated on 02/01/2024
Customer Support Monday - Friday, between 8.00 - 16.00
0745 200 718 0745 200 357 comenzi@editurauniversitara.ro