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Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Under the Labour Code , the employer may order the dismissal for reasons related to the employee or for reasons not related to the employee. The decision is issued in writing , under penalty of absolute nuliăţtii must be grounded in fact and law and include details of the period within which can be appealed and the court to which the dispute . The employee who personally received the dismissal decision will acknowledge receipt by signature . According to the Decision ICCJ , once the employer to dismiss the employee deicides communicate , it can not be revoked [ABSTRACT FROM AUTHOR]

In the context of the new crisis of Welfare states, due, among other things, to the economic crisis of the past few years, the design of the Romanian social state seems to attest a change of perspective. In 2011, the amendments to the Labor Code, the Law on social dialogue and the new Law on social assistance show a reduction of the state's involvement in social matters. In fact, this reality does not contradict the Constitution, which establishes the social state. However, the manner in which the Constitutional Court validated the extrinsic constitutionality of the procedure of adopting the amendments to the Labor Code and the Law on social dialogue and the manner in which the Court related to art. 53 of the Constitution when controlling the intrinsic constitutionality of the three normative acts in question are open to criticism. [ABSTRACT FROM AUTHOR]

The criminal offences regulated by special laws include the one stipulated by art. 264 (4) of Law no. 53/2003 - Labour Code. This law text currently reads as follows: The employment of more than 5 persons, irrespective of their citizenship, without entering into an individual employment contract is a criminal offence and is sanctioned with imprisonment from 3 months to 2 years or with a fine. [ABSTRACT FROM AUTHOR]

The present paper aims to treat the legal aspects of the public clerk in Romania, generated by the hystorical and political context of the time. So, it speaks about a statute of the public clerk in a comunist regime and also in a democratic one, building a parallel with Eastern Germany, an ex comunist state, which brings a lot of similarities with the existing regime of our country in that time. [ABSTRACT FROM AUTHOR]

The global economic crisis has affected Romania labor market, changing social policies and regulations on labour and employment. To encourage competition and to allow employers to adapt more easily to the rapid changes of economy, in 2011, there have been recent changes to the Labour Code, the act which governs all relationships to individual and collective employment in Romania. These changes include rules on individual labour contract, working hours and rest time, remuneration, health and safety at work, vocational training, social dialogue, collective bargaining agreements, labor conflicts, labour inspection, labour jurisdiction and legal liability. [ABSTRACT FROM AUTHOR]

The Romanian Labour Code – Act no 53/2003 – has been modified several times during its application. The most important modifications were aiming at the following aspects: the termination of the labour contract (especially the individual and collective dismissal and the rightful termination of the contract), the individual labour contract for a limited duration, the work time and the rest time. These modifications were punctual and determined by the necessity of assuring a balance between the position of the employees and the one of the employers. A lot of critics have been formulated by the representatives of the employers after the Labour Code got in force. They consider that the actual regulation is too restrictive for them. It is still extremely favourable for the employees, who are protected by the Code even in situations which are not necessary to assure this protection (professional evaluation, individual dismissal, disciplinary procedure and liability). These were the reasons which determined a constant pressure from the employer's trade unions in relation with the Government in order to modify those parts of the Code which are too favourable to the employees. The draft of the modification act includes the following major aspects: the written form of the individual labour contract; the non-competition clause; the unilateral modification of the individual labour contract by the employer; the individual dismissal; the work time; the collective bargaining and the collective contracts; the material liability of the employee; the labour jurisdiction. [ABSTRACT FROM AUTHOR]