CONTRACT DE SPONSORIZARE

  Între:

……………………….., cu sediul în , ……………………………….., nr…………….., Județul ……….si la Registrul Bancar   sub    Nr.    …………………….,   reprezentată   legal   prin…………………………………………………… Director Executiv/Asociat/administrator…………………………………… , în calitate de Sponsor

și

ASOCIAŢIA PENTRU STUDIUL RELAŢIILOR PROFESIONALE DE MUNCĂ  cu sediul în Târgovişte, Aleea Trandafirilor, nr. 16,  bl. 10 sc. C, ap. 46, telefon 0722723340, cod fiscal 37001730, având contul nr. 416RONCRT0344905001, deschis la Banca Transilvania, reprezentată  prin Preşedinte, prof. univ. dr. Ţop Dănuţi, în calitate de Beneficiar.

A intervenit prezentul contract de sponsorizare:

  1. Obiectul sponsorizării  :  sponsorizarea  va   fi   folosită   pentru   organizarea evenimentului Sponsorizarea se încadrează în domeniul educație-știință.

           Valoarea sponsorizării……………….. lei/euro.

  • Durata sponsorizării: Sponsorizarea este unică și va fi pusă integral la dispoziția Beneficiarului prin virarea în contul acestuia până cel târziu la data de…………… , a sumei menționată mai

IV.        Obligațiile părților

  1. Sponsorul
    1. va acorda beneficiarului suma de…………….. lei sau EURO plătibili în LEI la cursul BNR din ziua efectuării plății. Suma va fi virată în cont nr………………………………… deschis la………………………………;
  1. va efectua sponsorizarea din venituri proprii, în cuantumul și termenul asumat;
  2. nu va interveni, în nici un mod, în direcționarea activității Beneficiarului;
  3. sponsorizarea privește numai obiectul sponsorizării precizat la punctul I al prezentului
  4. va folosi sponsorizarea numai pentru activitățile aferente obiectului sponsorizării precizat la punctul I al prezentului contract, prezentând în acest sens justificări, la cererea expresă a Sponsorului;
  5. poate aduce la cunoștința publicului sponsorizarea, prin promovarea numelui, a mărcii sau a imaginii sponsorului, doar pe durata sponsorizării evenimentului, prin ( ex. introducerea

siglei pe pliante, afișe, spațiu promoțional pe site-ul/ menționarea numelui ca sponsor în comunicatele de presă/ promovarea internship-ului în rândul studenților UB etc și va utiliza materialele puse la dispoziție gratuit de către Sponsor.

Părțile au obligația de a aduce la cunoștința publicului sponsorizarea într-un mod care să nu lezeze, direct sau indirect, activitatea sponsorizată, bunele moravuri sau liniștea publică;

Totodată, nu vor efectua reclamă sau publicitate comercială, anterioară, concomitentă sau ulterioară sponsorizării în favoarea sa, în favoarea sponsorului sau a oricărei alte persoane.

V.            Încetarea contractului

Contractul încetează în una din următoarele situații :

  1. la expirarea termenului prevăzut în contract;
  2. înainte de expirarea termenului, prin acordul părților; în această situație partea care solicită încetarea contractului va notifica intenția sa celeilalte părți cu cel puţin 10 zile înainte de data încetării;
  3. prin rezoluțiune, în cazul neexecutării sau executării necorespunzătoare a obligațiilor contractuale de către una din părți, cu condiția notificării părții în culpă cu cel puțin 30 de zile înainte de data încetării.

Rezoluțiunea va opera de plin drept la scurgerea termenului mai sus menționat, fără altă formalitate și fără intervenția instanțelor judecătorești.

VI.        Forța majoră

Forța majoră exonerează de răspundere părțile, pe perioada acționării ei. Partea interesată care o invocă în condițiile legii, se obligă să o notifice celeilalte părți în termen de 3 zile de la ivirea cazului de forță majoră, remițând ulterior înscrisul eliberat de autoritatea abilitată în domeniu.

VII.     Litigii

Litigiile apărute între părți în timpul derulării prezentului contract se vor soluționa pe cale amiabilă. În situația în care nu se ajunge la o înţelegere amiabilă în termen de 15 zile de la notificarea lor, litigiile vor fi înaintate spre rezolvare instanțelor judecătorești competente.

VIII.   Dispoziții finale

Modificarea prezentului contract se poate efectua numai prin acordul scris al celor două părți contractante, prin act adițional.

Prezentul contract s-a încheiat în 2 exemplare originale.

SPONSOR,                                                                               BENEFICIAR

…………….                                                                       Preşedinte Prof. univ. dr. Ţop Dănuţi

 

Director Executiv,

…………………………

 

 

 

 

 

۩ The Conference will take place at the  Conference Room of  Hotel Dâmbovița, B-dul Libertății nr.1, Târgovişte

۩ Conference schedule: ● December 15, 2019 –  call for papers ● March 1, 2020 – deadline for abstracts submission ● March 15, 2020 – acceptance by the Scientific Committee ● April 15, 2020 – deadline for submission of the full text of the study – in English ● April 30, 2020 –  deadline for payment of the participation fee ● May 8, 2020 – dissemination of the conference program ● May 15 – 16, 2020 – conference sessions

۩ The proposed themes or panels are:

  1. Labor Codes in Romania
  2. National Labor Codes in the European Union
  3. The future of labor law in the European Union
  4. International Labor Code

SCIENTIFIC COMMITTEE:

Prof. Andrei POPESCU, PhD   –  Court of Justice of the European Union

Prof. Nicolae VOICULESCU, PhD –  Titu Maiorescu University, Bucharest, Romania

Prof. Alexandru ŢICLEA, PhD – Ecological University of Bucharest, Founding Director of Romanian Journal of Labor Law.

Prof. Daniel Mihail ȘANDRU PhD –„Acad. Andrei Rădulescu” Legal Research Institute, Bucharest, Romania

Prof. Lourdes MELLA MENDEZ, PhD – University of Santiago de Compostela, Spain

Prof. Belén del Mar LÓPEZ INSUA, PhD –  Granada University, Spain

Prof. Ángel Guillermo Ruiz MORENO , PhD – University of Guadalajara, Mexico

Prof. Horváth ISTVÁN, PhD – Eötvös Loránd University, Budapest,  Hungary

Prof. Miryam GONZÁLEZ RABANAL, PhD – National Distance Education University, Spain

Prof. Vlad BARBU, PhD   – „Alexandru Ioan Cuza” Police Academy of Bucharest, Romania

Assoc. Prof. Maria Soledad CAMPOS DIEZ, PhD – University Castilla La Mancha, Spain

Assoc. Prof. Septimiu PANAINTE, PhD – Alexandru Ioan Cuza University, Iaşi, Romania

Assoc. Prof. Carmen NENU, PhD   – University of Pitesti, Romania

Assoc. Prof.  Sandra TAVARES, PhD – Portuguese Catholic University, Porto, Portugal

Assoc. Prof. Marcin WUJCZYK, PhD   –  Jagiellonian University, Krakow, Poland

Assoc. Prof. Marc RICHEVAUX, PhD –University Littoral Côte d’Opale, France

Assoc. Prof. Laura GEORGESCU,  PhD – Ecological University of Bucharest

Assoc. Prof. Radu Răzvan POPESCU, PhD – National University of Political Studies and Public Administration, Bucharest, Romania

Assoc. Prof. Aurelian Gabriel ULUITU, PhD – Nicolae Titulescu University, Bucharest, Romania

Lect. Edvana TIRI, PhD –  Mediterranean University of Albania

Lect. Silvia Fernández MARTÍNEZ, PhD – University of Alcalá, Spain

Lect. Magdolna VALLASEK, PhD – Sapientia University, Cluj Napoca, Romania

Lect. Ştefan NAUBAUER PhD – Nicolae Titulescu University, Bucharest, Romania

ORGANIZING COMMITTEE :

Prof. Dan ŢOP, PhD – Valahia University of Târgoviște, Romania

Lect. Nicoleta ENACHE, PhD – Valahia University of Târgoviște, Romania

Assistant Dorin IANCU, PhD  –   Valahia University of Târgoviște, Romania

Irina ALEXE,  PhD – „Acad. Andrei Rădulescu” Legal Research Institute, Bucharest, Romania

Dragoș POPOIAG, PhD candidate – Dâmbovița County Tribunal

Marius MIHĂLĂCHIOIU, PhD – Dâmbovița County Tribunal

Ana Maria IANCU, PhD candidate –  Legal Adviser

CONFERENCE SCHEDULE

Thursday,  May  14

17,00 – 18,00     Registration Desk

18, 00                 Welcome Cocktail   HD  Hall

 Friday,  May  15

09,00 – 09,30     Registration Desk

09,30 – 10,00     Opening Ceremony

10,00 – 12,00     Plenary Session

12,00 – 12,30    Coffee Break

12,30 – 14,00     Section Session, Part I

14,00 – 15,00    Lunch – HD Restaurant

15,00 – 17,00     Section Session, Part II

17,00 – 17,30    Coffee Break

17,30 – 19,00     Section Session, Part III

20,00                 Festive Dinner

Saturday, May 16

09,30 – 11,00     Section Session, Part IV

11,00 – 11,30     Coffee Break

11,30 – 12,00     Closing of the conference. Conclusions

12,30 – 14,00     Guided Tour – Târgovişte

14,00                 Rustic Lunch – Dracula’s Brewery

 

SOMMAIRE

EVOLUCIÓN DEL DERECHO DE LA SEGURIDAD SOCIAL DESDE
EL ANÁLISIS DEL DESARROLLO CONSTITUCIONAL EN MÉXICO
(Gabriela Mendizábal Bermúdez, Juan Manuel Ávila Silva) / 7
REGULATORY OF THE TELEWORKING ACTIVITIES IN ROMANIA (Dan Top) / 26
ESPAÑA, ¿UN PAÍS DE SERVICIOS DE BAJO VALOR AÑADIDO CON UNA
SEGURIDAD SOCIAL EN PELIGRO? (Juan Francisco del Brío Carretero, Miryam
de la Concepción González Rabanal) / 34
CONSIDERACIONES A DOCUMENTO DE LA ORGANIZACION CÍRCULO DE
EMPRESARIOS DE ESPANA SOBRE CALIDAD DEL SISTEMA JURIDICO
(Francisco Javier Marín Boscán) / 55
THE INTERDICTION OF THE GRAVIDE WAITING SURVIVORS, WHICH
ALREADS OR RETURNS FROM THE CHILD GROWTH (Ana María Alexandra
Iancu) / 62
« CHUTE DES COURS MONDIAUX DU PÉTROLE ET VULNÉRABILITÉ DE
L’ÉCONOMIE ALGÉRIENNE: IMPACTS ATTENDUS ET DÉFIS » (Mounir
Bouadam) / 68
MARCHÉ DES TÉLÉCOMMUNICATIONS ET CROISSANCE ÉCONOMIQUE EN
AFRIQUE SUBSAHARIENNE: CAS DE LA RÉPUBLIQUE DU CONGO
(Katarzyna Andrzejczak Swierczynska, Etienne Koulakoumouna) / 82
FREE MOVEMENT OF WORKERS AND CITIZENS ACROSS THE EUROPEAN
UNION (Mariana Stan) / 101
ANALYSE ET MESURE DE L’EFFICIENCE TECHNIQUE DES AEROPORTS
TUNISIENS: APPLICATION DE LA METHODE DEA (Mariam Ajroud, Nahed
Zghidi) / 110
L’INDUSTRIE AGROALIMENTAIRE EN ALGÉRIE: ÉTAT DES LIEUX
ET PERSPECTIVES (BelkadI Ghania, Bouzadi Sultana) / 122
THE RESURGENCE OF THE IUS MERCATORUM IN THE GLOBAL ERA
(Víctor Manuel Castrillón y Luna_, Tatiana Vanessa González Rivera) / 137

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The maternity disability regime: parental leave, comparative law; Spain-Romania-Colombia

The legal work called The maternity disability regime: parental leave, comparative law; Spain-Romania-Colombia, by the distinguished jurists Belén del Mar López Insua, Dan Ţop Martha Elisa Monsalve Cuellar, Diego Alexander Calderón Bernal, María Paula Dávila Ariza, is to highlight the mixture of objective and critical thinking of prominent scholars of labor and social security, that mixture of professional and academic expertise rare to find in a globalized legal world nuanced with new and disruptive legal specialties.

Combining three countries to integrate a social issue such as maternity and paternity means then, comparing their own legal systems in a single aspect to highlight how their legislation, judicial decisions and their jurisprudential source complement each other, undoubtedly giving a comprehensive vision, which documented will be an affluent of information for future research in this matter for the study of social protection, where each author leaves today established solid bases to be able to consider this work in comment as an obligatory reference for consultation.

Dr. Julio Ismael Camacho Solis

Industria 4.0. Trabajo y seguridad social

CONTENIDO

Industria 4.0
Trabajo y seguridad social

Introducción (PDF)

Mendizábal Bermúdez, Gabriela

Primera parte
Parte general

Seguridad social y la industria 4.0 (PDF)

Mendizábal Bermúdez, Gabriela

Segunda parte
Estudios de casos internacionales

México y la industria 4.0 (PDF)

Ruiz Moreno, Ángel Guillermo

Ruiz Buenrostro, Ángel Edoardo

Calvillo Barragán, Stephanie

España y la industria 4.0 (PDF)

Sierra Benítez, Esperanza Macarena

Chile y la industria 4.0 (PDF)

Arellano Ortiz, Pablo Andrés

Francia y la industria 4.0 (PDF)

Palli, Bárbara

Italia y la industria 4.0 (PDF)

Cermelli, Massimo

Llamosas, Aida

Tercera parte
México y sus problemas en relación con la industria 4.0

La industria 4.0 y los sindicatos (PDF)

Reynoso Castillo, Carlos

Los jóvenes y su inserción en la industria 4.0 (PDF)

Morales Ramírez, María Ascensión

La inclusión social en el trabajo digital laboral (PDF)

Camacho Solís, Julio Ismael

 

 

Dan Ţop – Labor Law Treaty

 

The revised and supplemented Third Edition of the Labor Law Treaty, published at Bucharest Publishing House Mustang, takes into account the legislation until 1 July 2018 and is structured in eleven chapters, corresponding to areas of great interest in the field of labor law, being analyzed: the legal employment relationship labor law in the law system, collective labor relations, individual work relationships, vocational training; working time and rest time; wages, health and safety at work; legal liability, labor disputes, labor inspection
The bibliography consulted for the paper reveals the latest courses, treatises and monographs in the field, as well as numerous studies and articles from specialized journals, which makes it a real retrospective of doctrine and jurisprudence in the field of labor law.
Through impressive bibliography, references to situations in court practice, the work is part of works that are solid doctrinal references, being useful not only for students, master students and doctoral students, but also for all legal specialists.

 

On the problem of the situation of the jubilee and pensionados en el mundo entero y en Mexico, no exclusive of the institutions, of the social affairs. The global situation in the global crisis is based on international initiatives in the field of labor and the ultranza and the process of supporting the system of pension systems and the private system, which is the mainstay of an inclusive sex.

It is clear that there is a clear evidence of the current situation in the pension system and of the initiatives that have been identified and the solution to this problem is that of the crisis and of the institutions.

 

OVERVIEW AND PERSPECTIVES OF LABOR LAW AGAINST THE CORONAVIRUS PANDEMIC (COVID-19): ROMANIA

                                                                                                                                                          Dan ŢOP

On March 11, 2020, representatives of the World Health Organization declared[1] the situation generated by COVID-19 as a pandemic[2]. At the same time, the National Committee for Special Emergency Situations in Romania decided to suspend the school courses until March 22, with the possibility of extension. Separately, the universities in the country suspended their activity until March 31 and moved the courses into the online system.

Law no. 19/2020 regarding the granting of free days to parents for the supervision of children, in the situation of temporary closure of the educational establishments[3], provides that free days are granted to one of the parents for the supervision of children, in the situation of temporary closure of the schools where they are enrolled, as a result adverse weather conditions or other extreme situations so decreed by the competent authorities with responsibilities in the field. This regulation is not only incident to the coronavirus epidemic, but is of general applicability, for all periods when courses are suspended, including due to extreme weather events.

The provisions apply to parents who cumulatively fulfill the following conditions:

  1. a) have children up to 12 years old, enrolled in a school or have children with disabilities up to 18 years old, enrolled in a school;
  2. b) the job occupied does not allow work at home or teleworking.

The paid days off are granted only after all the options provided by law for the activity (telemarketing, remote work) are exhausted and with the obligation to ensure the continuity of the activity, including by delaying the work program or implementing flexible working forms.

Decree 195/2020 on establishing the state of emergency on the territory of Romania[4], through art. 49, stipulates that during the state of emergency, courses in all units and educational institutions are suspended.

At the recommendation of the Ministry of Labor and Social Protection, among the measures to make the labor relations more flexible is the temporary modification of the place of work at the employee’s domicile, in which case an additional act must be concluded to the individual employment contract which should include, among others, the fact that the employee will work at home; the period in which this measure is applied, as well as other aspects characteristic of the work at home, regulated by art. 108-110 of the Labor Code.

Another recommendation concerns the operation of the telework activity, following the conclusion of an additional act to the individual employment contract, under the conditions provided by Law no. 81/2018 regarding the regulation of the telemarketing activity[5], when fulfilling the specific duties of the position, occupation or occupation that the employee holds implies the use of information and communication technology[6].

It should be mentioned that during the period of emergency, according to art. 33 of the Decree 195/2020 regarding the establishment of a state of emergency in the territory of Romania, it is possible for the employer to modify the place of work at the employee’s domicile or in the telework by a unilateral act, without the need of the employee’s agreement. As such, the change of the work place in such situations can be that place without the conclusion of an additional act to the individual employment contract.

Emergency Ordinance no. 30/2020 for the modification and completion of some normative acts, as well as for establishing measures in the field of social protection in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus[7], in art. XI provided that during the state of emergency established by Decree no. 195/2020 regarding the establishment of the state of emergency on the territory of Romania, for the period of temporary suspension of the individual employment contract, at the initiative of the employer, according to art. 52 paragraph 1 bed c of the Labor Code, as a result of the effects produced by the SARS-CoV-2 coronavirus, the benefits that the employees receive are set at 75% of the basic salary corresponding to the job occupied and is supported from the unemployment insurance budget, but no more of 75% of the gross average wage earning[8] provided by the Law of the state social insurance budget no. 6/2020, and through art. XV, that other professionals, as regulated by the Civil Code, who do not have the status of employers and interrupt the activity totally or partially based on the decisions issued by the competent public authorities according to the law, during the period of emergency established by Decree no. 195/2020 regarding the establishment of the state of emergency in the territory of Romania, benefits from the general budget consolidated by an allowance equal to the minimum gross basic salary per country guaranteed in payment[9] established for the year 2020.

Decree no. 240/2020 regarding the extension of the state of emergency on the Romanian territory[10] has in art. 46 that the Government establishes special measures to support employers and to protect employees and their families. In this respect, the recommendation of the previous decree is maintained, so that central and local public institutions and authorities, autonomous administrative authorities, autonomous administrations, national companies and companies and companies in which the state or an administrative-territorial unit is a sole or majority shareholder, the companies with private capital I introduce, where possible, during the state of emergency, the work at home or in telework regime, by unilateral act of the employer. During the period of work or work at home, employees perform their duties specific to their position or occupation, in accordance with the legislation governing work at home and teleworking.

Although in art. 51 shows that the validity of collective labor contracts and collective agreements is maintained during the state of emergency, however, a number of important restraints and limitations are foreseen, thus, during the state of emergency, it is prohibited (art. 52) to declare, trigger or conducting collective labor conflicts in the units of the national energy system, from the operating units from the nuclear sectors, from the units with continuous fire, from the health and social assistance units, from telecommunications, radio and public television, from the railways, from the units which ensures the public transport and sanitation of the localities, as well as the supply of the population with gas, electricity, heat and water.

Also, regarding the execution of the individual employment contracts the following are stipulated:

The modification of the individual contract of employment of the contract staff in the institutions in the field of defense, public order and national security is carried out (art. 53) according to the Labor Code and the following derogatory rules:

  1. a) the delegation may regard the fulfillment of tasks or tasks for which the employee has the adequate professional training, even if they are not suitable for the duties of the service;
  2. b) the delegation can be extended without the agreement of the employee;
  3. c) by posting can change the way of work without the agreement of the employee.

The modification of the service report of the civil servants employed in the institutions in the field of defense, public order and national security is carried out according to the Administrative Code and the following derogating rule: the delegation can be arranged for a period of more than 60 days without the consent of the public official.

During the state of emergency, depending on the specific activity and needs, for the personnel from the public sector, the employer stipulates the art. 54.

  1. a) it may order unilaterally the interruption of the leave of rest, of additional rest, without payment, of studies and for professional training of the employed personnel and the resumption of the activity;
  2. b) may unilaterally dispose of or approve the total / partial leave of rest or additional rest of the employed personnel.

By exception from the provisions of the Government Emergency Ordinance no. 111/2010 regarding the leave and the monthly allowance for the raising of children, the entitled person retains the incentive of insertion in the situation of job loss due to the effects of the COVID-19 epidemic.

In art. 56 it is provided that the notice terms provided in art. 81 paragraph (4) of the Labor Code do not start to flow, and, if they have started to run, it is suspended for the entire duration of the state of emergency, in the case of personnel employed in health units, social assistance, medical-social assistance and in the institutions of the field of defense, public order and national security. During the state of emergency, for these categories of personnel the provisions of art. 81 paragraph 8 of Law no. 53/2003 regarding the Labor Code.

Emergency Ordinance no. 37/2020 regarding the granting of facilities for loans granted by credit institutions and non-bank financial institutions to certain categories of borrowers[11], established that the obligation to pay the installments related to the loans, representing capital rates, interest and commissions, granted to the borrowers by the creditors up to on the date of entry into force of this emergency ordinance, it shall be suspended at the request of the debtor for up to 9 months, but no later than December 31, 2020.

Today, not only a medical pandemic is manifesting, but also an economic pandemic, that is, the global crisis that is spreading and rapidly deepening. The so-called “freezing of real economies” occurs in almost all countries. Romania is, as a matter of fact, almost all the countries of the world, in a deep economic crisis, which is expanding. Each country must have its own approach, depending on the specific national situation.

In order for Romania to be able to ensure a revival of the national economy, it was considered necessary to mainly consider[12] the following five primary factors:

Demand for products and services, internal and external;

Ensuring supply chains of companies and population at home and abroad;

Providing liquidity and financing for companies and the population;

Making substantial investments, public and private, domestic and foreign;

Providing healthy, fit and available human resources to work.

In order for Romania to be able to ensure a revival of the national economy and reach the 5 primordial factors, a number of public policies are needed, such as: investments (in infrastructure; in strategic production units for society); supporting the distribution and marketing of products; local investment plans for public works ((road infrastructure, utility routes – gas, electricity, etc.)

 

REFERENCES:

[1] www.who.int, accessed march 12, 2020

[2] An epidemic that extends over a very large territory

[3] Published in the Official Gazette of Romania, Part I, no. 209 of march 14, 2020

[4] Published in the Official Gazette of Romania, Part 1, no.212 of march 16, 2020.

[5] Published in the Official Gazette of Romania, Part 1, no. 296 of April 2, 2018.

[6] Mihai R., Working relationships in the context of preventing the risk of coronary heart disease (COVID-19) www.juridice.ro, accessed on march 13, 2020.

[7]  Published in the Official Gazette of Romania, Part 1, no.231 of march 21, 2020

[8]  Gross average wage for 2020: 5,429 lei (1123 euro), and gross monthly allowance: 5,429 x 75% = 4,072 lei (842 euro)

 [9] The amount of the minimum gross basic salary in the country is 2230 lei (461 euro)

[10] Published in the Official Gazette of Romania, Part 1, no. 311 of April 14, 2020

[11] Published in the Official Gazette of Romania, Part 1, no. 261 of March 30, 2020

[12] CNIPMMR, Program of priority measures for the economic recovery of Romania, www. E-News  LegislaţiaMuncii.ro. accessed on April 20, 2020

 

 

 

 

MATERNITY PROTECTION AT WORK IN THE REPUBLIC OF ALBANIA

Ana Maria Alexandra IANCU*

Labour Code of the Republic of Albania [1], Law no. 7961, dated 12.7.1995[2] consists of 205 articles systematized in 19 chapters [3]. Article 1 of this normative act shows that this Labour Code “is based on the Constitution of the Republic of Albania”, and art. 2[4] stipulates regarding the legal regime of the individual employment contract, that it “is regulated by the law of the country in which the employee usually carries on his activity, even if he is sent by the employer to work temporarily in another country”.

By exception, the Code, according to art. 4 “is applicable even to persons whose employment is regulated by the special law, if the special law does not offer the solution of the problems related to labour relations”. In other words, the Labour Code is the common law for all legislation governing labor relations (relationships); They are excluded from the scope of application of the Code according to art. 5, commercial activities or representation of legal persons, as well as family work.

Article 32 letter provide that the employer is obliged to respect and protect the employee’s personality in the employment relationships, as well as to take all necessary measures to guarantee the safety and protection of the mental health and physical health of the employees.

Chapter X deals with the special protection of children and women. The special protection for women is provided by art. 104, thus, pregnant women are forbidden to work in the 35 days preceding the birth of the child and 63 days after the birth of the child, while in our legislation the minimum mandatory duration of the leave is 42 calendar days[5], with no mandatory period preceding the birth.

The first period is 60 days, when the woman is expected to give birth to more than one child. Pregnant or breastfeeding women cannot be employed, according to art. 104 para. 2 at workplaces with difficulties or which endanger the health of the mother and child. The Council of Ministers defines difficult or dangerous workplaces, which endanger the health of mothers and children, as well as special rules regarding working conditions related to pregnant or breastfeeding.

When the pregnant woman, the woman who just gave birth to a child and / or the breastfeeding woman decides to return to her previous job after the 63-day period, but the previous job is not considered appropriate in accordance with the provisions of the law on protection of safety and health at the workplace, the employer takes, according to art. 194 para. 3, the measures necessary to ensure the temporary adjustment of working conditions and / or working hours to avoid any risks to the employee and / or her child.

If the adjustment of working conditions or working hours is technically and / or objectively impossible, or if it is not possible, it may be requested on well-justified grounds, the transfer to another similar workplace which is right for her.

If the transfer, \ is technically and / or objectively impossible to achieve or if it cannot be properly requested, the employee shall receive the allowance, in accordance with the social insurance legislation in force for the entire period necessary to complete it. protect and / or the safety and health of the child.

The Council of Ministers specifies (art. 104 para. 6) the non-exhaustive list of factors, processes and working conditions that affect the safety and health of the mother and / or the mother of the child, as special rules for the working conditions for pregnant women, for women who they just gave birth to a baby and to those who are breastfeeding.

The law on social insurance establishes according to art. 105 paragraph 1, the income that the employee benefits in the case of the birth of a child.

Beyond the period of prohibition of work, provided for in Article 104, the woman may refuse to work in order to receive social insurance income. After the 63-day period after the birth of a child, the woman decides whether she wants to work or benefit from social insurance.

If the woman decides to work after the 63-day period after giving birth to the child, with the agreement of the employer, regarding feeding the child, she has the right to choose as follows, until the child turns 1 year old, by: a break paid by 2 hours within the normal working time; or the duration of work, reduced by 2 hours, with the same salary as if he worked for the normal daily working time (art. 105 para. 3).

Upon expiry of the maternity leave, the employee has the right (art. 105 para. 4) to return to the previous post or to an equivalent position, in conditions that are not less favorable for her and to benefit from any improvement of the conditions of employment, she would benefit during the absence.

The article 105 / a[6] provides that pregnancy tests are prohibited prior to the commencement of employment, if requested by the employer, except where the work requires working under conditions which may have a negative influence on the pregnancy or which may harm the life of the mother or child, or health. During pregnancy, after agreement with the employer, the woman is entitled to medical consultations, when these are necessary to be performed during the work program.

In cases where the employer renounces the contract, when the woman works while being pregnant or returning to work after the child is born, in accordance with Article 30 of the Code, the employer is responsible for certifying that the reason for dismissal was neither the task nor baby’s birth.

In the case of the adoption of a newborn, the woman enjoys according to art. 106, by the right to leave defined by the law on social insurance. Only one parent, the adoptive mother or father, can benefit from the adoption leave.

In Romania, according to art. 50 paragraph 1 of the Law no. 273/2004 regarding the adoption procedure[7] the adopter or any of the spouses of the adoptive family who make income subject to income tax, called a entitled person [8], for the proper fulfillment of the parental obligations, the employees benefit from an accommodation leave during the period in which a child will be entrusted for adoption. This leave is granted, “by hypothesis, to the employee who has adopted a child older than 2 years”[9], because if the child is less than 2 years old, the leave provided by Law no. 66/2016[10]. This leave has a duration of no more than 1 year, including the period of imprisonment for the adoption time during which the employee will receive a monthly allowance of 1700 lei [11].

During this period, the employer cannot oblige the adoptive parent who has benefited from the adoption leave to work.

At the expiration of the adoption leave, the employer has the right (art. 106 paragraph 3) to return to his position, or to another work position equivalent to it, under conditions that are not less favorable to him and to benefit from any improvement of working conditions, which he would have benefited from during his absence.

Article 107 shows that the termination of the employment contract announced by the employer during the period in which the woman claims to receive social security income due to the birth or adoption of the child is without legal effect.

When the termination of the employment contract is announced before the protection, as defined in article 104, and the notification term remains valid, this deadline is suspended during the protection period. The notification deadline begins to be valid only after the expiry of the protection period.

In some national laws in the U.E. both the prohibition and the possibility of dismissal of pregnant workers are foreseen. Thus, art. L. 1225-4 of the French Labour Code [12] stipulates that the employer cannot order the termination of the employment contract of an employee when she is pregnant, medically established, during the suspension of the contract when she is on maternity leave, as well as for 10 weeks following the expiration of this period. However, the employer may order the termination of the contract justified by a serious deviation, not related to the state of pregnancy or the impossibility to maintain the contract for a foreign reason of pregnancy or birth. Law on the Status of Workers[13] stipulates in art. 53 point 4 that the dismissal decision is null when the decision is motivated by one of the causes of discrimination prohibited by the Constitution or the law or when it was made with the violation of the fundamental rights and public freedoms of the worker. Also, the decision is void when it concerns a pregnant worker, but, as an exception, the decision is sound if it is based on reasons unrelated to pregnancy[14].

Unlike the comparative law, the Romanian law does not refer to all the (exceptional) situations, in which, however, the dismissal of the employees protected by the law can occur. But the dismissal of the plane is not prohibited, pursuant to art. 10 of Directive 92/85 / EEC, such dismissal is possible, exceptionally, for reasons which do not concern their (pregnant) situation.[15].

As in our legislation, art. 128 paragraph 2 of the Labour Code, which shows that pregnant women, women and nursing women cannot be forced to work at night [16] or in the European one, the employer cannot order (art. 108 (1)) to perform the work at night for pregnant women and for women who have given birth to a child, until the child makes a year if it is harmful to the safety and health of the woman and / or the child, who is checked with a medical certificate.

When the pregnant and / or breastfeeding woman decides to return to work after the 63-day period after birth, it becomes inappropriate to work at night, which is confirmed by a medical certificate, but who is not suitable to work During the day, she is transferred (art. 108 para. 2) to a similar day job, because that is appropriate.

If the transfer is technically and / or objectively impossible, the employer benefits from the social security legislation in force for the entire period necessary to protect her and / or her child’s safety and health.

The Council of Ministers sets (art. 108 (4)) specific rules for cases in which night work is allowed for pregnant women, for women who gave birth to a child, until the child is one year old, and for breastfeeding women.

It can be concluded that the provisions analyzed are largely similar to the applicable regulations in the European Union states.

 

References:

* PhD student at Legal Research Institute „Acad. Andrei Rădulescu” of Romanian Academy of  Bucharest; member of Association for the study of the professional labour relations

[1] https://www.wipo.int/edocs/lexdocs/laws/en/al/al066en.pdf

[2] Amended by: Law no.8805 of 13.03.1996; Law no. 9125 of 29.07.2003); Law no. 10053 of 29.12.2008; Law no. 136/2015 of 5.12.2015

[3]  Dan Ţop, Regulation of the individual labor contract in the Working Code of the Republic of Albania, Revue européenne du droit social no. 4 (45) 2019, p.

[4]  Amended by Law no. 9125 of 29.07.2003

[5] Dan Ţop, Treated by labour law, Mustang Publishing House, Bucharest, 2018, p. 330

[6] Added by Law no.1212 of 29.07.2003, article 31, amended by Law no.136 / 2015 of 5.12.2015,

[7] Republished in the Official Gazette of Romania, Part I, no. 739 of September 23, 2016

[8] Septimiu Panainte, Individual labour law., Hamangiu Publishing House, Bucharest, 2017,  p. 138

 [9] Raluca Dimitriu, The presence of women in the labour market, 21 dec. 2017, www.juridice.ro

[10] Dan Ţop, New regulations regarding maternity protection at work, Romanian Labor Law Magazine  no. 10/2015 p. 13-18

[11] Dan Ţop, Treated by labour law,op. cit, p.357

[12] Code du travail, 80° édition, Annoté. Edition spéciale à jour des ordonnances Macron, intégralement Consolidées, Dalloz, Paris, 2017.

[13] Approved by the Royal Legislative Decree no. 2/2015, published in the Official State Bulletin, number 255 of October 24, 2015, subsequently amended.

[14] M. C. Palomeque López, J. M. Álvarez de la Rosa, Derecho del trabajo, 25a ed., Editorial Universitaria Ramón Areces, Madrid, 2017, p. 717-718.

[15] Alexandru Ţiclea, Adelina Duțu, Discussions regarding the ban on dismissal of pregnant employees, in Law no.9/2018, p. 56

[16] Dan Ţop, Treated of Labour law, op. cit, p. 469

 

 

SPECIAL PROTECTION OF DISADVANTAGED YOUNG PEOPLE IN ROMANIA

                                                                                                                                          Dan Ţop*

    1. General considerations

           Romania shall ensure, in compliance with the principle of transparency, a special regime of protection and assistance to young people in achieving their rights. In 2006, Law no. 350 of young people[1], which regulates the legal framework necessary to ensure adequate conditions for the socio-professional integration of young people[2].

Even though this institutional and legislative framework was considered sufficient, there were a number of problems waiting to be solved, one of which was the difficult access of young people to the labour market.

Law no. 189/2018 on the integration of disadvantaged young people into the public institutions at local level[3] regulates the facilities for disadvantaged young people for employment in public institutions at local level[4].

It is expressly stated in art. 1 par. 2 that the application of the provisions of the law excludes any discrimination based on political criteria, race, nationality, ethnic origin, language, religion, beliefs, sex, etc., and that the provisions of the law aim to guarantee the protection of disadvantaged young people in order to acquire skills professionals to facilitate their integration into the labour market.

The law follows (Article 2) as objectives:

  1. a) to ensure the integration of disadvantaged young people into the labour market by creating fixed-term employment opportunities in public institutions at the local level;
  2. b) enhancing professional skills and abilities to adapt to the practical requirements and workplace exigencies for work integration;
  3. c) acquiring experience and seniority in work;
  4. d) acquiring specialized seniority, as the case may be;
  5. e) stimulating social inclusion;
  6. f) empowering the local community.

An important provision is in Art. 2, paragraph 2, according to which the employment of disadvantaged young people is made for a period of 24 months, by concluding an individual contract of fixed-term work, according to the provisions of art. 84 of the Labour Code[5]. It can be seen that the maximum duration of the contract, by way of derogation from the common law, can not be longer than 24 months, without the possibility of concluding a new contract.

Employer may be in accordance with art. 3 let. b, a legal person, represented by the authorizing officer of the local public institution, who may, according to the law, employ a labour force based on an individual labour contract and which is financed from the state budget and / or funds local public authorities, except public institutions of national defense, public order and national security.

By a disadvantaged young person, the law takes into account (Article 3) the person between 16 and 26 years of age who is not of working age or who has a working life of up to 12 months and who:

– is in or out of the child protection system;

– has child / dependent children;

– was or is in evidence of the probation service;

– are in the process of carrying out a non-custodial educational measure, out of those provided by Law no. 253/2013 regarding the execution of punishments[6], educational measures and other non-custodial measures ordered by the judicial bodies during the criminal trial, as subsequently amended and supplemented, or other non-positive measures, such as postponement of punishment or execution of the fine by providing a unpaid work for the benefit of the community;

  1. Conditions for employing the disadvantaged young person

           The employment of the disadvantaged young person is made by way of derogation from the provisions of art. 31 par. 1 of the Framework Law no. 153/2017 on the remuneration of staff paid out of public funds[7], with the subsequent modifications and completions, the procedure for recruitment and employment of disadvantaged young people comprises the following steps (Article 4, paragraph 1): selection of files consisting of the verification of the documents submitted to the file; interview; the practical test, as appropriate[8].

By way of derogation from the provisions of art. 30 par. 1 of the Labour Code, according to which the employment of the employees in public institutions and authorities and other budgetary units is done only through competition or examination[9], in this case, the candidate’s skills are checked only by interview and at most by practical proof.

The disadvantaged young person may be employed on any job declared vacant by the employer, subject to the specific / general requirements of each post.

The announcement of starting the recruitment procedure for the disadvantaged young people is displayed[10], stipulates art. 5 par. 1 by the employer in a visible place at his headquarters, on the front page of the institution’s website, as well as on the website www.posturi.gov.ro, within a special section created by the administrators of this site “Pasarela”, at least 20 working days before the date set for the selection of files. If the employer deems it necessary, he can also ensure that the ad is published by other forms of advertising.

The announcement will be compulsory, stipulates art. 5 par. 3, the following elements:

  1. a) the number of posts, their names and their main attributions;
  2. b) the deadline for filing the file;
  3. c) the general and specific conditions necessary for filling the positions;
  4. d) the documents requested by the candidates for the filing of the file, the deadline and the time until which they can be filed, the place where the files are filed, the contact details (telephone, e-mail) of the persons in the human resources department;
  5. e) date of publication of the case selection notice;
  6. f) other data necessary for the selection of the files;
  7. g) basic salary and monthly salary set by law, including the gross amount of compensation, allowances, bonuses, prizes, other elements of the salary system corresponding to the post, other rights in money and / or in kind, granted according to the law , as well as any other information on possible salary limitations.

In order to select the files, the disadvantaged young person submits, according to art. 6, a file containing the following documents:

  1. a) Application for registration in the selection of files addressed to the employer;
  2. b) copy of the identity document or any other document attesting the identity, according to the law, as the case may be;
  3. c) copies of the documents attesting the fulfillment of the specific employment conditions;
  4. d) the medical certificate attesting to the appropriate state of health, issued by the candidate’s family doctor or by a health unit authorized according to the law;
  5. e) curriculum vitae;
  6. f) provision or decision issued by the child protection commission, entry / exit from the child protection system or final court judgment delivered by the competent court;
  7. g) a copy of the child’s birth certificate or any other document certifying that he / she has a child / dependent child;
  8. h) the recommendation of the probation counselor at the local probation service, responsible for supervising the observance of the non-custodial measures ordered by the courts, for the category stipulated in art. 3 par. 1 lit. points 3 and 4.

 

  1. Check the skills of the disadvantaged young person

 

The employer has the obligation, according to art. 7 par. 1, to establish a selection and evaluation committee, hereinafter referred to as the committee, consisting of 3 members and one secretary, among the employees of the institution. The Commission has the power to carry out the selection of dossiers and to carry out the evaluation of the candidates during the interview and the practical test, as the case may be.

Selection of files is made (Article 7 paragraph 3) within a maximum of 5 working days from the date of expiry of the deadline for their submission based on the fulfillment of the conditions, by reference to the documents in the file submitted and the result of the selection of the files is displayed at the employer’s premises and on its website, with the admission or refusal, accompanied by the mark obtained and the reason for the rejection of the case, as the case may be.

The interview is carried out, stipulates art. 8 par. 1 according to the interview plan drawn up by the commission, the notes being awarded on the basis of the following evaluation criteria:

  1. a) theoretical abilities and knowledge in relation to the specifics of the post;
  2. b) analysis and synthesis ability.

The practical test is carried out according to art. 8 par. 2, on the basis of a plan established by the Commission, mainly considering the following evaluation criteria:

  1. a) Skill and ability to meet practical requirements;
  2. b) communication capacity;
  3. c) the capacity to manage the resources allocated to the practical demonstration.

In order to test in the practical test, the commission may establish according to art. 8 par. 3, and other evaluation criteria.

In order to resolve the complaints, the employer has the art. 9 par. 1, the obligation to set up a three-member appeal resolution board and a secretary, among the employees of the institution, other than those who are members of the commission provided by law.

Candidates declared rejected may lodge a complaint within 24 hours from the date when the result is displayed (Article 9 (2)) and the outcome of the appeal may be appealed to the administrative litigation court, according to the law

The declared candidate is required (Article 10 paragraph 1) to submit to the post within a maximum of 5 working days after the final results are displayed. If the post is not present within the above-mentioned time limit, the position is declared vacant and the candidate who has received the final grade is immediately below the opportunity to fill the post.

If there is no other admitted candidate or the previously admitted candidate does not respond to the communication within 5 working days, the post is declared vacant and the recruitment and recruitment procedure of the disadvantaged young people is resumed according to the provisions of the present law.

The employer is obliged, according to art. 11 par. 1 to request in writing the general directorates of social assistance and child protection, the public social assistance services, the

county employment agencies subordinated to the National Employment Agency data on the number of disadvantaged young people for the purpose of filling the positions declared vacant under this law. Upon request, the General Directorates for Social Welfare and Child Protection, Public Social Services and Territorial Employment Agencies are required to submit the requested data within 10 working days of receipt of the request.

It is provided by art. 11 paragraph 3 that the General Directorates for Social Welfare and Child Protection as well as the public social assistance services are obliged to support the disadvantaged young person for the purpose of drawing up and submitting the file for participation in the selection of files.

According to the law (Article 11, paragraph 4), the employer is obliged to allocate to the disadvantaged young people 5% of the existing and budgeted posts for the contract staff.

The employer may apply for art. 12, to any institution competent to verify the documents submitted by the candidate.

We consider that in this situation we cannot resort to a probationary period for checking the skills of the employee, because the normative act analyzed is limiting such modalities.

 

  1. Execution of the individual labour contract

 

Monitoring and control on the conclusion, execution, modification, suspension and termination of the individual fixed-term employment contract provided by law is carried out (Article 13) by the Labour Inspection.

According to art. 17 par. 4, the Labour Inspection reports annually to the Ministry of Labour and Social Justice the number of individual labour contracts concluded according to this law.

Young disadvantaged employees with fixed-term individual labour contract under the conditions of this law will not be treated, stipulates art. 14 par. 1, less favorable than the persons employed on a contract of indefinite duration, on the sole basis of the duration of the individual employment contract, except where the different treatment is justified by objective reasons evidenced by supporting documents.

The execution, modification, suspension and termination of the individual fixed-term contract of employment shall be carried out under the terms of the Labour Code, art. 14 alin.2.

  1. Obligations of the employer

           The employer has, according to art. 15, the following obligations:

  1. a) to organize the selection and evaluation of the files for the employment of the disadvantaged young people under the present law;
  2. b) to employ on the vacancies stipulated in art. 11 par. (4) exclusively young disadvantaged;
  3. c) designate a person to coordinate and support the disadvantaged young person in his / her work;
  4. d) to provide adequate equipment – logistic, technical and technological – necessary for acquiring and capitalizing the theoretical and practical knowledge by the disadvantaged young person;
  5. e) not to use the disadvantaged young person for carrying out activities other than those stipulated in the individual labour contract and in the job description;
  6. f) to carry out the evaluation of individual annual professional performances, based on an interview, with the recording of the result in the evaluation sheet;
  7. g) carry out the evaluation of the individual professional performances upon termination of the individual labour contract, with the recording of the result in the evaluation sheet[11];
  8. h) to issue to the disadvantaged young person the certificate proving the activity carried out and the contribution period, copies according to the assessments provided under letter a). f) and g), as well as a recommendation letter[12], within maximum 30 days from the termination of the individual labour contract.

The Ministry of Labour and Social Justice publishes, on its website, in its editable format, the model of the individual professional performance evaluation sheet for the contract staff and the model of the letter of recommendation.

  1. Liability

           It is a contravention (Article 17, paragraph 1) and the following facts are sanctioned by a fine:

  1. a) non-observance of the provisions of art. 11 par. (2), with a fine from 250 lei to 500 lei;
  2. b) non-observance by the employer of the obligation stipulated in art. 15 par. (1) lit. h), with a fine from 300 lei to 1,000 lei;
  3. c) non-compliance with the obligation stipulated in art. 11 par. (1), with a fine from 500 lei to 1,000 lei;
  4. d) non-observance of the provisions of art. 11 par. (3), with a fine from 500 lei to 1,000 lei;
  5. e) non-compliance by the employer with the obligation stipulated in art. 11 par. (4), with a fine from 1,000 to 1,500 lei.

The finding of contraventions and the application of the sanctions referred to above are made (Article 17 (2)) by labour inspectors. The provisions of the law are supplemented by the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions[13], approved with amendments and completions by Law no. 180/2002, as subsequently amended and supplemented[14].

Although not expressly provided, we consider that the provisions of Law no. 203/2018 on measures to increase the efficiency of the payment of the fines[15], within 15 days from the date of delivery or communication of the minutes, it is possible to pay half of the minimum fine.

Also, the Prevention Law no. 270/2017[16] could be applied even if the offenses provided for by the regulation were not found in the list of contraventions to which prevention is applied, and it would be obvious that the immediate application of a sanction, which usually involves a banal omission[17].

The further development of the Romanian labor market is to confirm the usefulness of such regulation in the general context of social policies.

 

References:

* Professor PhD, President of the Association for the Study of Professional Labour Relations, Romania (National Association of ILERA

[1] Published in the Official Gazette of Romania, Part I no. 648 of July 27, 2006

[2] Dan Ţop, Social Security Law, third edition, Zvem Publishing House, Târgovişte, 2017, p. 238

[3] Published in the Official Gazette of Romania, Part I, no. 639 of 23 July 2018

[4] According to art. 3 let. c, public institutions at the local level – generic name that includes: 1. the specialized apparatus of the mayor; 2. the specialized apparatus of the county council / the General Council of the Municipality of Bucharest; the local councils of communes, towns, municipalities, sectors of Bucharest municipality, county councils and the General Council of Bucharest; 4. providers of social services, of public law, providing services under the conditions laid down by law; 5. operators of community services of local or county public utilities; Public institutions and public services set up and organized by decisions of the deliberative authorities, as appropriate Local Public Administration Law no. 215/2001, republished, with subsequent amendments and completions.

[5] Dan Ţop, Labour Law Treaty, 3rd edition, Mustang Publishing House, Bucharest, 2018, p. 267

[6] Published in the Official Gazette of Romania, Part I, no. 513 of 14 August 2013

[7] Published in the Official Gazette of Romania, Part I, no. 492 of June 28, 2017

[8] Only candidates declared admissible in the selection of files may be present at the interview and the practical test, as the case may be.

[9] Dan Ţop, Labour Law Treaty, op. cit., p. 226

[10] The ad is maintained at the place of view from the employer’s office until the selection of the files is

completed.

[11] The model for the evaluation of the individual professional performances for the contract staff is foreseen in Annex 1

[12] The model of the letter of recommendation is set out in Annex 2.

[13] Published in the Official Gazette of Romania, Part 1, no. 410 of July 25, 2001

[14] Published in the Official Gazette of Romania, Part 1, no. 268 of 22 April 2002

[15] Published in the Official Gazette of Romania, Part I, no. 647 of 25 July 2018

[16] Published in the Official Gazette of Romania, Part 1, no. 1037 of 28 December 2017

[17] Dan Ţop, Lavinia Savu, The regime of contravention sanctions in the field of labour relations according to preventive law no. 270/2017, in Fiat Iustitia nr. 1/2018, p.306

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 2 ( LI)  2021

 

 

SOMMAIRE

A NEW TYPE OF PENSION IN ROMANIA –OCCUPATIONAL PENSION
(Dan Ţop) / 7
DISCRIMINACIÓN: LA OTRA PANDEMIA
(Dr. Alberto Chartzman Birenbaum) / 14
LA INSPECCIÓN LABORAL Y EL TRABAJO REMOTO EN EL PERÚ
(Luis Serrano Diaz) / 21
LOS MEDIOS ALTERNATIVOS DE SOLUCION DE CONTROVERSIAS
(MASC) EN PERSPECTIVA COMPARADA Y SU CONTRIBUCION
PARA UNA MINERIA SUSTENTABLE
(Juan Manuel Gómez Rodríguez) / 40
EL DESPIDO OBJETIVO POR FALTA DE ADAPTACIÓN A LAS
MODIFICACIONES TÉCNICAS/TECNOLÓGICAS OPERADAS
EN EL PUESTO LABORAL TRAS LAS NUEVAS FORMAS
DE TRABAJO POST COVID-19 (Sara Guindo Morales) / 58
PENSER LA LITTORALISATION DU CAP BON (TUNISIE NORD- EST):
PRESSION ANTHROPIQUE ET PRÉSERVATION DES ÉCOSYSTÈMES
(Saied Saoussen, Lahmar Karim, Rejeb Hicham) / 75
GUÍA JURÍDICA PARA MÉXICO PANDEMIA POR COVID – 19.
SEGUNDA PARTE (Oscar Samario Hernández) / 98
ANALYSE DE L’EFFET SOCIO-DEMOGRAPHIQUE ET DU PARCOURS
INITIAL SUR L’EFFICACITE INTERNE A L’UNIVERSITE MARIEN NGOUABI :
LE CAS DE LA LICENCE 2 ET 3 A LA FACULTE DES SCIENCES
ECONOMIQUES
(Auguste M’piayi) / 129
CONFLICT MANAGEMENT SYSTEMS USED TO PROMOTE
EMPLOYEE RELATIONS IN THE BOTSWANA EDUCATION SECTORTE
(Theophilus Tshukudu) / 157

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 1 ( L)  2021

SOMMAIRE

JUBILEE, REVUE EUROPÉENNE DU DROIT SOCIAL (Dan Ţop) / 7

EL IMPACTO DE LA CRISIS ECONÓMICA DERIVADA DE LA COVID-19

EN LOS MODELOS DE TRABAJO. RETOS Y REFORMAS PENDIENTES (Miryam C. González-Rabanal) / 13

REST TIME OF THE EMPLOYEE IN THE ROMANIAN LABOR

CODE OF 1950 (Sorin-Alexandru Vernea) / 32

“EFECTOS DEL COVID-19 EN LAS RELACIONES LABORALES EN

AMÉRICA LATINA” COLOMBIA (Martha Elisa Monsalve Cuellar) / 40

BUILDING’S TREATIES BY CONSIDERATION OF ENGINEERING

AND LAW FIELDS FOR APARTMENTS AND REAL ESTATE

(Fatemeh Sadrolhosseini, Mohsen Iranmanesh) / 53

INTERACTIONS POLITIQUES PUBLIQUES/CHANGEMENTS SOCIOECONOMIQUES ET CULTURELS DANS LE SUD TUNISIEN:

UNE ANALYSE HISTORIQUE (Nadia Ounalli) / 74

GUÍA JURÍDICA PARA MÉXICO PANDEMIA POR COVID – 19.

PRIMERA PARTE (Oscar Samario Hernández) / 91

AMÉRICA LATINA: DERECHO DEL TRABAJO Y POSPANDEMIA. COMENTARIOS SOBRE LO ACONTECIDO EN CUBA (Guillermo Ferriol Molina) / 117

INTERNATIONAL FINANCIAL FLOWS AND HOUSEHOLD CONSUMPTION

IN ALGERIA: ARDL MODEL APPLICATION (Habib Guennouni,

Lakhdar Adouka, Juliana Hadjitchoneva) / 131

GOBIERNO ELECTRONICO Y SISTEMA NACIONAL ANTICORRUPCION EN MEXICO, UNA PERSPECTIVA CRITICA (Juan Manuel Gómez Rodríguez) / 147

COLLECTIVE BARGAINING IN SOUTHERN AFRICA: REFLECTIONS ON BOTSWANA, LESOTHO AND NAMIBIA (Theophilus Tebetso Tshukudu) / 163

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 4 (IXL)  2020

SOMMAIRE

UN SIGLO EN LA HISTORIA DEL DERECHO DE HUELGA EN ESPAÑA
(María Soledad Campos Díez) / 7
INDIVIDUAL WORK CONTRACT IN ROMANIAN LAW 1950 LABOUR
CODE REGULATIONS (Dan Top) / 22
MATERIAL LIABILITY IN THE ROMANIAN LABOUR CODE. EVOLUTION
OF THE REGULATION (Andrei Radu Dinca) / 27
PROTECTION OF MATERNITY AT WORK ACCORDING TO THE LABOR
CODE OF 1950 (Ana Maria Alexandra Iancu) / 41
EL TRABAJO DIGITAL EN LA PANDEMIA DEL SARS-COV2 (COVID 19)
(Julio Ismael Camacho Solis) / 45
ALBANIA’S ROAD TO EUROPEAN MEMBERSHIP. TRANSPOSITION
OF SAA IN ALBANIAN COMPETITION LAW (Entela Cela Maybrook) / 60
RESOLVE DISPUTES IN CONSTRUCTION TREATIES ACCORDANCE WITH
CASE LAWS IN IRAN (Fatemeh Sadrolhosseini, Mohsen Iranmanesh) / 67
UNE ANALYSE RAPIDE SUR LA RELATION ENTRE LA SITUATION
ECONOMIQUE DES GOUVERNORATS ET LA VIOLENCE A L’EGARD
DES FEMMES EN TUNISIE (Riadh Bechir, Nedia Ounalli) / 87
OVERCOMING ERRORS AND BIASES IN THE BOTSWANA PUBLIC
SECTOR PERFORMANCE APPRAISAL SYSTEM: THE CASE OF MINISTRY
OF TRADE AND INDUSTRY (Theophilus Tebetso Tshukudu) / 100
COMATERNIDAD / COPATERNIDAD LA FAMILIA HOMOPARENTAL
LA REALIDAD JURÍDICA DE SUS DERECHOS HUMANOS (Oscar Samario
Hernández) / 108
SOME PARTICULARITIES OF LABOUR CONTRACTS IN INSOLVENCY
PROCEEDINGS PROVIDED BY LAW NO. 85/2014 (Candit-Valentin Vernea) / 137

 

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 3 (XLVIII)  2020

SOMMAIRE

WORK REPORT OF PROFESSIONAL ASSISTANTS IN ROMANIA (Dan ŢOP) / 7

INTERNATIONAL RECOGNITION OF DOCUMENTS –

A RESULT OF GLOBALIZATION AND MOBILITY OF INDIVIDUALS

(Mădălina COCOȘATU, Elena MARINICA) / 16

RETOS Y DESAFÍOS EN LA DETENCIÓN Y DEPORTACIÓN DE NIÑAS, NIÑOS

Y ADOLESCENTES MIGRANTES MEXICANOS: DESDE LA PERSPECTIVA DE

SUS DERECHOS HUMANOS (Esteban Amado BUENO GARCIA) / 30

LIBERTES FONDAMENTALES ET DROIT EN TUNISIE À L’EPREUVE

D’UNE PANDEMIE, « COVID-19 » (Maher ABDMOULEH) / 41

PLACE DE L’INFLATION DANS LA CROISSANCE ÉCONOMIQUE

DU CONGO – BRAZZAVILLE (Ferdinand MOUSSAVOU) / 63

INDICATEURS D’IMPACTS DES POLITIQUES PUBLIQUES DE

DÉVELOPPEMENT SUR LA DURABILITÉ DES SYSTÈMES DE PRODUCTION:

CAS DU BASSIN VERSANT D’OUED OUM ZESSAR – GOUVERNORAT DE

MÉDENINE; SUD-EST DE LA TUNISIE (Nadia OUNALLI, Riadh BECHIR) / 82

ISLAMIC EQUITY-BASED CROWDFUNDING REGULATORY MODEL: A LEGAL

ANALYSIS IN SAUDI ARABIA (Raouf JAZIRI, Abdulmajeed SAAD ALANAZI) / 90

CREATING WEALTH BETWEEN MANAGERIAL LEADERSHIP AND

STRATEGIC LEADERSHIP: VISIONARY LEADERSHIP AS A GAP (Bouhelal

FATIMA, Adouka LAKHDAR, Mohammed AMER BOUZID) / 103

THE ROLE OF BOTSWANA TRADE UNIONS IN PROMOTING EMPLOYEE

RELATIONS IN AN ORGANISATION: THE CASE OF BOTSWANA

EXAMINATION COUNCIL (Theophilus TSHUKUDU) / 118

 

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 2 (XLVII)  2020

 

 

SOMMAIRE

ESTABLISHING A MINIMUM SALARY IN THE EU MEMBER STATES
(Dan Top) / 7

LA NEORETÓRICA Y LA IUSFILOSOFÍA DEL LENGUAJE EN LA
ARGUMENTACIÓN JURÍDICA COMPLEJA (Barbara Edith Orihuela Rosas) / 14

CONCEPCIONES DEL CONTRATO PSICOLÓGICO EN EMPLEADOS DE
SERVICIO POSTALES NACIONALES 4/72 DE LA REGIONAL NORTE SEDE
BARRANQUILLA (Álvaro Alcides Avendaño Medina, Luis Rafael Jalkh Hernández) / 31

ANALYSE DU ROLE DE L’ETAT A LA LUMIERE DE L’EVOLUTION DU
SYSTEME FINANCIER ALGERIEN (Nacira Boukhezer, Fouzia Amzal) / 44

AD-HOC MANDATE (Loredana Adelina Padure, Adrian Tutuianu) / 59

EVALUATION ÉCONOMIQUE DES COÛTS ENVIRONNEMENTAUX
DANS LES SYSTÈMES DE PRODUCTION AGRICOLE EN ZONES ARIDES:
CAS DE LA DÉGRADATION DES SOLS DANS LE BASSIN VERSANT
D’OUED OUM ZESSAR, GOUVERNORAT DE MÉDENINE; SUD-EST TUNISIEN
(Nadia Ounalli, Riadh Bechir) / 67

THE BOTSWANA PUBLIC SECTOR BARGAINING COUNCIL,
A REALITY OR FALACY (Theophilus Tebetso Tshukudu) / 81

ACCUEIL DES USAGERS DANS LA FONCTION PUBLIQUE AFRICAINE:
UN ESSAI DE MODELISATION PAR LE RESPECT ET L’EMPATHIE
POUR L’EFFICACITE PUBLIQUE EN CONTEXTE CAMEROUNAIS
(Mireille Bityé Mendomo) / 93

 

 

 

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 1 (XLVI)  2020

 

SOMMAIRE

FORMS AND WAYS WHICH WOMEN COMBIN YOUR RESPONSIBILITIES
FOR HOME CARE AND PRODUCTIVE EMPLOYMENT IN WORK IN ROMANIA,
MEMBER STATE OF THE U. E. (Dan Ţop)

DERECHO COMPARADO DE LA INTIMIDAD LABORAL: MEXICO- ESPAÑA
COMPARATIVE LAW OF LABOR PRIVACY: MEXICO- SPAIN (Gabriela Mendizábal Bermúdez, Zoraida García Carreño)

CITIZENSHIP, FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
(Edvana Tiri, Besmir Alushi, Erjola Aliaj)

GEOGRAPHICAL INDICATIONS AND EUROPEAN
FOODSTUFFS PROTECTION (Lucia Di Costanzo)

ASSESSMENT OF EMPLOYEE ENGAGEMENT IN THE BOTSWANA
PUBLIC SERVICE (Kefentse Ndonga, Theophilus Tebetso Tshukudu)

MATERNITY PROTECTION AT WORK IN THE REPUBLIC
OF ALBANIA (Ana Maria Alexandra Iancu)

COMPORTEMENTS ET PRATIQUES RELATIFS AUX DECHETS ET D’EAU
AU SEIN DU LOGEMENT ETUDE DE CAS DE LA COMMUNE D’ORAN – ENQUÊTE SUR TERRAIN 2016 (Leila Boudia, Samia Souad Aouichat)

IS AID A CURSE OR A BLESSING TO AFRICA?
THE CASE OF UGANDA (Theophilus Tebetso Tshukudu)

CONTRIBUTION À L’OPTIMISATION DE L’ALLOCATION DES
RESSOURCES EN EAU DANS LES SYSTÈMES DE PRODUCTION
DU PÉRIMÈTRE PUBLIC IRRIGUÉ DE SIDI BOU ALI (SOUSSE) TUNISIE
(Nadia Ounalli, Riadh Bechir, Marwen Aouni)

LES FACTEURS DETERMINANTS DE LA PRATIQUE DE LA VEILLE STRATEGIQUE DANS LES ENTREPRISES ALGERIENNES: CAS DES INDUSTRIES AGRO-ALIMENTAIRES DE LA WILAYA DE BEJAIA
(Rosa Redjdal, Karim Si Lekhal, Mohand Chitti)

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 4 (XLV) 2019

 

SOMMAIRE

 REGULATION OF THE INDIVIDUAL LABOUR CONTRACT IN THE WORKING

CODE OF THE REPUBLIC OF ALBANIA (Dan Top) / 7

 

IMPACT OF THE CRIMINAL PROCEDURE OF CONTINENTAL LAW AND

ANGLO-SAXON LAW IN DETERMINING THE PRINCIPLES OF PENAL

PROCEEDINGS IN ALBANIA (Arben Prifti, Indrit Shtupi, Edvana Tiri) / 17

 

A DINÂMICA INDUSTRIAL DE LONDRINA –PR: O PAPEL DAS MICRO

E PEQUENAS EMPRESAS (Thiago Bueno Saab, Cláudio Roberto Bragueto) / 26

 

MANAGEMENT ASPECTS OF THE PRODUCT SPECIALIZATION OF A

TOURIST REGION (Mariana Ianeva, Veselina Portarska) / 49

 

PROCESSUS DE DEVELOPPEMENT RURAL AU SUD TUNISIEN CAS

DU GOUVERNORAT DE MEDENINE (Nadia Ounalli, Riadh Bechir) / 66

 

TRADE UNION RIVALRY AND ITS IMPACT ON LABOUR RELATIONS:

THE CASE OF BOTSWANA (Theophilus Tebetso Tshukudu) / 78

 

LA SPIRITUALITÉ DANS LES ORGANISATIONS: LA DIMENSION

SOCIOIDÉOLOGIQUE OUBLIÉE DU MANAGEMENT (Raouf Jaziri, Rabie Saida) / 96

 

INTELLECTUAL PROPERTY PROTECTION IN THE FIELD OF AUDIOVISUAL

BROADCASTING (Besmir Alushi) / 115

 

THE EFFECT OF RENEWABLE ENERGY CONSUMPTION ON ECONOMIC

GROWTH IN AFRICA (Nahed Zghidi) / 121

 

ESSAY ABOUT HUMAN RIGHTS: RIGHTS AND FREEDOMS (Loredana Padure) / 130

 

OSCE MISSION, PARTNER IN IMPLEMENTING EUROPEAN REFORMS

IN THE REPUBLIC OF MOLDOVA. THE REFORM OF THE MOLDOVAN

JUDICIAL SYSTEM (Vasilica-Cristinel IONESCU) / 135

 

COMPARATIVE CRIMINOLOGICAL THEORIES ON MALE AND FEMALE CRIMINALITY (Andreea TUDORAN) /140

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 3 (XLIV) 2019

 

SOMMAIRE

 

 

REGULATION OF THE INDIVIDUAL LABOUR CONTRACT IN THE WORKING

CODE OF THE REPUBLIC OF ALBANIA (Dan Top) / 7

 

IMPACT OF THE CRIMINAL PROCEDURE OF CONTINENTAL LAW AND

ANGLO-SAXON LAW IN DETERMINING THE PRINCIPLES OF PENAL

PROCEEDINGS IN ALBANIA (Arben Prifti, Indrit Shtupi, Edvana Tiri) / 17

 

A DINÂMICA INDUSTRIAL DE LONDRINA –PR: O PAPEL DAS MICRO

E PEQUENAS EMPRESAS (Thiago Bueno Saab, Cláudio Roberto Bragueto) / 26

 

MANAGEMENT ASPECTS OF THE PRODUCT SPECIALIZATION OF A

TOURIST REGION (Mariana Ianeva, Veselina Portarska) / 49

 

PROCESSUS DE DEVELOPPEMENT RURAL AU SUD TUNISIEN CAS

DU GOUVERNORAT DE MEDENINE (Nadia Ounalli, Riadh Bechir) / 66

 

TRADE UNION RIVALRY AND ITS IMPACT ON LABOUR RELATIONS:

THE CASE OF BOTSWANA (Theophilus Tebetso Tshukudu) / 78

 

LA SPIRITUALITÉ DANS LES ORGANISATIONS: LA DIMENSION

SOCIOIDÉOLOGIQUE OUBLIÉE DU MANAGEMENT (Raouf Jaziri, Rabie Saida) / 96

 

INTELLECTUAL PROPERTY PROTECTION IN THE FIELD OF AUDIOVISUAL

BROADCASTING (Besmir Alushi) / 115

 

THE EFFECT OF RENEWABLE ENERGY CONSUMPTION ON ECONOMIC

GROWTH IN AFRICA (Nahed Zghidi) / 121

 

ESSAY ABOUT HUMAN RIGHTS: RIGHTS AND FREEDOMS (Loredana Padure) / 130

 

OSCE MISSION, PARTNER IN IMPLEMENTING EUROPEAN REFORMS

IN THE REPUBLIC OF MOLDOVA. THE REFORM OF THE MOLDOVAN

JUDICIAL SYSTEM (Vasilica-Cristinel IONESCU) / 135

 

COMPARATIVE CRIMINOLOGICAL THEORIES ON MALE AND FEMALE CRIMINALITY (Andreea TUDORAN) /140

SOMMAIRE

 

LA IMPORTANCIA DEL PERSONAL AL SERVICIO DE LA ADMINISTRACIÓN

PÚBLICA Y SU MOTIVACIÓN: UNA INTERPRETACIÓN DESDE LA ECONOMÍA

(Miryam de la Concepción González Rabanal) / 7

A CRITICAL OVERVIEW ON THE WORKERS’ REPRESENTATION

IN ROMANIA (Septimiu Panainte) / 27

THE BREXIT PROCESS AND ITS CONSEQUENCES

(Indrit Shtupi, Edvana Tiri, Arben Prifti) / 36

LA PAUVRETÉ EN TUNISIE, UN PHONÈME QUI NÉCESSITÉ

DES SOLUTIONS (Riadh Bechir) / 43

RENEWABLE ENERGIES AND THEIR CONTRIBUTION IN DEVELOPMENT

IN THE CONTEXT OF COMPETITIVENESS: EVIDENCE OF SPECIFIC OIL

TERRITORY (Douah Belkacem, Brahmi Mohsen) / 61

COLLECTIVE LABOUR DISPUTES – LIMITS IMPOSED

BY THE LAW REGULATING COLLECTIVE LABOUR AGREEMENTS

(Gioni Popa-Gavrilovici, Catalin Faghian) / 73

VERS UNE TRANSITION ECONOMIQUE VS. RESISTANCES

SOCIOPOLITIQUES ET DE LA GOUVERNANCE INSTITUTIONNELLE:

EVIDENCE DE LA POLITIQUE ECONOMIQUE ALGERIENNE

(Bakreti Lakhdar, Mohsen Brahmi) / 80

RISQUE LIES AUX USAGES DES TIC SUR LA SATISFACTION

EXTRINSEQUE DES EMPLOYES DANS LES PETITS ET MOYENS

TERRITOIRES: L’EXPERIENCE DES PME CAMEROUNAISES

(Fabrice Nkoue Lonte, Mireille Bitye Mendomo, Didier Ambiana Ambiana) / 99

DEL DERECHO DEL TRABAJO Y SUS NUEVAS REALIDADES.

EL PAPEL DEL ABOGADO LABORALISTA EN LOS NUEVOS

ESCENARIOS (Guillermo Ferriol Molina) / 111

DE LA FORMATION OUVERTE ET À DISTANCE AUX APPRENTISSAGES

COLLECTIFS MÉDIATISÉS: L’EXEMPLE DES MOOC – MASSIVE ONLINE

OPEN COURSES (Bruno Roussel, André Aoun, Cédric Teyssie, Michel Galindo) / 119

THE ROLE OF CASE-LAW FROM THE SOURCES OF LAW PERSPECTIVES

(Grety Cristea) / 126

SPORTS ORGANISATIONS AND ENVIRONMENTAL PROTECTION (Justin

Stefan) / 132

 

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 2 (XLIII) 2019

 

SOMMAIRE

 LE NOUVEL ARRÊT DE LA CEDH (AFFAIRE LIBERT VERSUS FRANCE)

SUR LE CONTRÔLE DE L’EMPLOYEUR ET LA VIE PRIVÉE DU SALARIE:

APPROCHE CRITIQUE (Lourdes Mella Méndez) /

CONVENTIONS AND RECOMMENDATIONS OF THE INTERNATIONAL

LABOUR ORGANIZATION, INTERNATIONAL SOURCES

OF LABOUR LAW (Dan Top)

EMPLOYEE VOICE AND RETALIATION AT THE WORKPLACE:

THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS

(Stefano Maria Corso)

LA JUSTICIA CON IGUALDAD SOCIAL PARA EL TRABAJO

EN MEXICO (Julio Ismael Camacho Solís)

CONVENTIONS AND RECOMMENDATIONS OF INTERNATIONAL

LABOUR ORGANISATION AND THE HISTORICAL PATH OF

THE ALBANIAN LABOUR LEGISLATION (Edvana Tiri, Erjola Aliaj)

REST TIME – NEED FOR A PRELIMINARY REFERENCE TO THE COURT

OF JUSTICE OF THE EUROPEAN UNION (Daniel Mihail Sandru)

ACERCA DEL DERECHO DE PARTICIPACIÓN DE LOS TRABAJADORES

EN LA UNIÓN EUROPEA (Gratiela-Florentina Moraru)

CONCEPT OF DECENT WORK IN ROMANIA BETWEEN

NORMATIVE REGULATION AND SOCIAL REALITY

(Carmen-Constantina Nenu, Madalina-Ani Iordache)

UN NIVEAU D’EMPLOI DURABLE PROMU PAR LA COMPETITIVITE

ECONOMIQUE, LA COHESION SOCIALE ET LE DEVELOPPEMENT

DURABLE EN ROUMANIE (Lavinia Savu)

CONSIDERATIONS CONCERNING THE CONVENTION I.L.O. NO.183 / 2000

ON CONVENTION REVIEW ON MATERNITY PROTECTION IN 1952

(Ana María Alexandra Iancu)

THE WORKPLACE APPRENTICESHIP CONTRACT FOR EMPLOYMENT

IN COMPARATIVE LAW; REGULATION OF SPANISH LAW

(Anca-Verginica Aldescu)

CONVENTIONS OF THE INTERNATIONAL LABOUR

ORGANIZATION (Loredana Adelina Padure)

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 1 (XLII) 2019

 

SOMMAIRE

INTERNSHIP, A PRIVATE LABOUR CONTRACT? (Dan Top) / 7
THE LEGAL RELATION OF EMPLOYMENT (SERVICE)
OF THE PUBLIC OPERATOR (Dragos Constantin Popoiag) / 14
THE BEGINNING OF THE END FOR OFFSHORE
TAX HAVENS? (Constantin Neacsu) / 21
ALTERNATIVAS PARA LA PROTECCION DE LOS DERECHOS DE LOS
IGRANTES, PERPECTIVAS Y RETOS (Juan Manuel Gómez Rodríguez) / 26
LA PROTECTION DE L’ENFANT EN ALGERIE A L’EGARD
DE LA CONVENTION INTERNATIONALE DES DROITS
DE L’ENFANT (CIDE) (Fatiha Mokhtari) / 36
L’ENTREPRENEURIAT POLITIQUE AU REGARD DE LA THÉORIE
DES CONVENTIONS: VERS UNE TYPOLOGIE DES MAIRES
ENTREPRENEURS POLITIQUES (MEP) (Raouf Jaziri) / 49
LITERARY APPREHENSION OF THE CULT OF THE ANCESTORS
IN AYI KWEI ARMAH’S (Sidi Chabi Moussa, Aguessy Yélian Constant) / 74
CHANGES OF THE CODE OF CIVIL PROCEDURE (Stefan Pascu) / 92
THE RESTITUTION OF RELIGIOUS PROPERTY IN ROMANIA (Florentin Stanciu) / 98
LEGAL BASES OF THE ENVIRONMENTAL MANAGEMENT
AND SUSTAINABLE DEVELOPMENT (Maria-Luiza Hrestic) / 104

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 4 (XLI) 2018

 

SOMMAIRE

SPECIAL PROTECTION OF DISADVANTAGED  YOUNG PEOPLE IN ROMANIA (Dan Ţop) / 7

COLLECTIVE LABOUR CONTRACT IN A COMPARATIVE PERSPECTIVE: ALBANIA, NETHERLANDS AND GREECE (Erjola Aliaj, Besmir Alushi) / 14

SELECTIVE ASPECTS ON THE EVOLUTION OF THE REGULATIONS REGARDING THE JUDICIARY IN THE ROMANIAN CONSTITUTIONS  AND IN THE ROMANIAN LAW 100 YEARS AFTER  THE GREAT UNION (Nicolae Pavel) / 22

SITUACIÓN JURÍDICA DE LOS CONCUBINATOS O UNIONES  MARITALES DE HECHO EN EL DERECHO INTERNACIONAL.  CONTEXTOS MÉXICO-RUMANIA (Vera Judith Villa Guardiola) / 39

CONSIDERATIONS ON THE COURT APPROACH  OF THE WORKPLACE HARASSMENT (Cristina Sâmboan) / 57

ENERGIE ET CROISSANCE ÉCONOMIQUE, VERS UNE POLITIQUE ÉNERGÉTIQUE ACTIVE DE L’EMPLOI EN TUNISIE (Riadh Bechir) / 67

THE INTERFERENCE OF MOTHER TONGUE IN LEARNING ENGLISH AS A FOREIGN LANGUAGE: ALBANIAN LANGUAGE CASE (Morena Braçaj) / 75

THE ROAD FREIGHT CONTRACT OF CARRIAGE.  REGULATORY FRAMEWORK. CONCRETE SITUATIONS.  SOLUTIONS (Ilie-Cătălin Ungureanu) / 85

EXPROPRIATION ON GROUNDS OF PUBLIC UTILITY (Adelin Mihai Zăgărin) / 94

ALL  BOUT CONSENT VALIDITY REQUIREMENTS (Loredana Adelina Pădure) / 108

 

 

REVUE EUROPÉENNE DU DROIT SOCIAL  No. 3 (XL) 2018

 

SOMMAIRE

EVOLUCIÓN DEL DERECHO DE LA SEGURIDAD SOCIAL DESDE
EL ANÁLISIS DEL DESARROLLO CONSTITUCIONAL EN MÉXICO
(Gabriela Mendizábal Bermúdez, Juan Manuel Ávila Silva) / 7
REGULATORY OF THE TELEWORKING ACTIVITIES IN ROMANIA (Dan Top) / 26
ESPAÑA, ¿UN PAÍS DE SERVICIOS DE BAJO VALOR AÑADIDO CON UNA
SEGURIDAD SOCIAL EN PELIGRO? (Juan Francisco del Brío Carretero, Miryam
de la Concepción González Rabanal) / 34
CONSIDERACIONES A DOCUMENTO DE LA ORGANIZACION CÍRCULO DE
EMPRESARIOS DE ESPANA SOBRE CALIDAD DEL SISTEMA JURIDICO
(Francisco Javier Marín Boscán) / 55
THE INTERDICTION OF THE GRAVIDE WAITING SURVIVORS, WHICH
ALREADS OR RETURNS FROM THE CHILD GROWTH (Ana María Alexandra
Iancu) / 62
« CHUTE DES COURS MONDIAUX DU PÉTROLE ET VULNÉRABILITÉ DE
L’ÉCONOMIE ALGÉRIENNE: IMPACTS ATTENDUS ET DÉFIS » (Mounir
Bouadam) / 68
MARCHÉ DES TÉLÉCOMMUNICATIONS ET CROISSANCE ÉCONOMIQUE EN
AFRIQUE SUBSAHARIENNE: CAS DE LA RÉPUBLIQUE DU CONGO
(Katarzyna Andrzejczak Swierczynska, Etienne Koulakoumouna) / 82
FREE MOVEMENT OF WORKERS AND CITIZENS ACROSS THE EUROPEAN
UNION (Mariana Stan) / 101
ANALYSE ET MESURE DE L’EFFICIENCE TECHNIQUE DES AEROPORTS
TUNISIENS: APPLICATION DE LA METHODE DEA (Mariam Ajroud, Nahed
Zghidi) / 110
L’INDUSTRIE AGROALIMENTAIRE EN ALGÉRIE: ÉTAT DES LIEUX
ET PERSPECTIVES (BelkadI Ghania, Bouzadi Sultana) / 122
THE RESURGENCE OF THE IUS MERCATORUM IN THE GLOBAL ERA
(Víctor Manuel Castrillón y Luna, Tatiana Vanessa González Rivera) / 137

 

REVUE EUROPÉENNE DU DROIT SOCIAL No. 2 (XXXIX) 2018

 

 

12th ILERA European Regional Congress, Dusseldorf, Germany

 5 – 7 september 2019

ILERA European Congress 2019

Perspectives of Employment Relations in Europe,

Düsseldorf, Germany, 5–7 September 2019

http://ilera2019.giraweb.de/

www.ilera2019.eu

CALL FOR PAPERS AND WORKSHOP PROPOSALS (deadline 20 December 2018)

           The XII European Regional Congress of the International Labour and Employment Relations Association (ILERA) will take place in Düsseldorf on 5–7 September 2019 and intends to explore the changes in labour and employment relations across Europe and in a comparative perspective.

Stable labour relations and welfare state protections have been perceived to be at the core of what has been named the European social model. Beginning in the 1990s, however, their foundations seem to have been weakened in many countries: We witness a decline in bargaining coverage, employer and union densities but also many efforts to restructure the welfare state as well as systems of labour market regulation. The 12th ILERA European Congress comes at a time when changes of institutions, actors and practices of labour relations are widespread. We expect recent current events such as the digitalisation of the economy, intensified conflict on trade, the exit of the United Kingdom from the EU as well as the vastly changingpolitical landscape which comes along with the rise of right-wing populist parties to influence such changes in various ways. For good or bad, industrial relations will not remain the same. We invite participants to contribute towards analysing the direction, content and speed of such processes of change but also the current state of labour relations in Europe and beyond. We are particularly interested in receiving paper proposals which engage in research on how societal actors seek to actively shape labour relations, institutions, processes and outcomes.

Papers and workshops addressing the multi-faceted issues outlined above are welcome. In particular, proposals can refer to the following four tracks:

  • Track 1: Social Europe: Equality and Poverty
  • Track 2:  Regulation of Labour: Actors, Institutions and Law
  • Track 3: Workers’ Voice and Industrial Democracy
  • Track 4: Human Resources, Quality of Work and Digitalisation

Abstracts are invited for submission through the congress website at:

www.ilera2019.eu/cfp

  • Deadline for abstracts: 20 December 2018
  • Notifications of acceptance will be sent by 28 February 2019
  • Registration for the Congress will start on 31 January 2019

 

 

 

 

 

 International Conference

 

 

 

 

 

 

 

 

 

Submission of the registration form  15 march 2021

Documents delivery address: asrpm.ro@gmail.com

 

 

 

 

,,70 YEARS FROM THE FIRST LABOR CODE IN ROMANIA

 

۩ The Conference will take place at the  Conference Room of  Hotel Dâmbovița, B-dul Libertății nr.1, Târgovişte

۩ Conference schedule: ● December 15, 2019 –  call for papers ● March 1, 2020 – deadline for abstracts submission ● March 15, 2020 – acceptance by the Scientific Committee ● April 15, 2020 – deadline for submission of the full text of the study – in English ● April 30, 2020 –  deadline for payment of the participation fee ● May 8, 2020 – dissemination of the conference program ● May 15 – 16, 2020 – conference sessions

۩ The proposed themes or panels are:

  1. Labor Codes in Romania
  2. National Labor Codes in the European Union
  3. The future of labor law in the European Union
  4. International Labor Code

SCIENTIFIC COMMITTEE:

Prof. Andrei POPESCU, PhD   –  Court of Justice of the European Union

Prof. Nicolae VOICULESCU, PhD –  Titu Maiorescu University, Bucharest, Romania

Prof. Alexandru ŢICLEA, PhD – Ecological University of Bucharest, Founding Director of Romanian Journal of Labor Law.

Prof. Daniel Mihail ȘANDRU PhD –„Acad. Andrei Rădulescu” Legal Research Institute, Bucharest, Romania

Prof. Lourdes MELLA MENDEZ, PhD – University of Santiago de Compostela, Spain

Prof. Belén del Mar LÓPEZ INSUA, PhD –  Granada University, Spain

Prof. Ángel Guillermo Ruiz MORENO , PhD – University of Guadalajara, Mexico

Prof. Horváth ISTVÁN, PhD – Eötvös Loránd University, Budapest,  Hungary

Prof. Miryam GONZÁLEZ RABANAL, PhD – National Distance Education University, Spain

Prof. Vlad BARBU, PhD   – „Alexandru Ioan Cuza” Police Academy of Bucharest, Romania

Prof. Andrea BORRONI, PhD –   ,, Luigi Vanvitelli” University of Campania, Italy

Assoc. Prof. Maria Soledad CAMPOS DIEZ, PhD – University Castilla La Mancha, Spain

Assoc. Prof. Septimiu PANAINTE, PhD – Alexandru Ioan Cuza University, Iaşi, Romania

Assoc. Prof. Carmen NENU, PhD   – University of Pitesti, Romania

Assoc. Prof.  Sandra TAVARES, PhD – Portuguese Catholic University, Porto, Portugal

Assoc. Prof. Marcin WUJCZYK, PhD   –  Jagiellonian University, Krakow, Poland

Assoc. Prof. Marc RÎCHEVEAUX, PhD –University Littoral Côte d’Opale, France

Assoc. Prof. Laura GEORGESCU,  PhD – Ecological University of Bucharest

Assoc. Prof. Radu Răzvan POPESCU, PhD – National University of Political Studies and Public Administration, Bucharest, Romania

Assoc. Prof. Aurelian Gabriel ULUITU, PhD – Nicolae Titulescu University, Bucharest, Romania

Lect. Edvana TIRI, PhD –  Mediterranean University of Albania

Lect. Silvia Fernández MARTÍNEZ, PhD – University of Alcalá, Spain

Lect. Magdolna VALLASEK, PhD – Sapientia University, Cluj Napoca, Romania

Lect. Ştefan NAUBAUER PhD – Nicolae Titulescu University, Bucharest, Romania

ORGANIZING COMMITTEE :

Prof. Dan ŢOP, PhD – Valahia University of Târgoviște, Romania

Lect. Nicoleta ENACHE, PhD – Valahia University of Târgoviște, Romania

Assistant Dorin IANCU, PhD  –   Valahia University of Târgoviște, Romania

Irina ALEXE,  PhD – „Acad. Andrei Rădulescu” Legal Research Institute, Bucharest, Romania

Dragoș POPOIAG, PhD candidate – Dâmbovița County Tribunal

Marius MIHĂLĂCHIOIU, PhD – Dâmbovița County Tribunal

Ana Maria IANCU, PhD candidate –  Legal Adviser

CONFERENCE SCHEDULE

Thursday,  May  14

17,00 – 18,00     Registration Desk

18, 00                 Welcome Cocktail   HD  Hall

 Friday,  May  15

09,00 – 09,30     Registration Desk

09,30 – 10,00     Opening Ceremony

10,00 – 12,00     Plenary Session

12,00 – 12,30    Coffee Break

12,30 – 14,00     Section Session, Part I

14,00 – 15,00    Lunch – HD Restaurant

15,00 – 17,00     Section Session, Part II

17,00 – 17,30    Coffee Break

17,30 – 19,00     Section Session, Part III

20,00                 Festive Dinner

Saturday, May 16

09,30 – 11,00     Section Session, Part IV

11,00 – 11,30     Coffee Break

11,30 – 12,00     Closing of the conference. Conclusions

12,30 – 14,00     Guided Tour – Târgovişte

14,00                 Rustic Lunch – Dracula’s Brewery

 

 

The Indian Society of Labour Economics

61st Labour Economics Conference

7 – 9 December 2019, Patiala, Punjab, India

The Indian Society of Labour Economics (ISLE) is pleased to announce its 61st Annual Conference to be held in Patiala, Punjab during 7- 9 December 2019. This Conference is being organised by Centre for Development Economics and Innovation Studies (CDEIS), Punjabi University, Patiala. Dr. Gerry Rodgers, Visiting Professor, Institute for Human Development, Delhi and Former Director, International Institute of Labour Studies, Geneva is the Conference President. Dr. Lakhwinder Singh Gill, Professor of Economics, Associate Dean Research and Coordinator, CDEIS, Punjabi University,

Patiala is the Organising Secretary of the Conference.

Conference Themes

• Technology, Globalization and Work

• Labour Organisations and Labour Rights in the Changing World of Work

• Changing Pattern of Rural Labour

Markets

Dates to Remember

• Last Date for Submission of Papers: 15 Sept. 2019

• Communication from ISLE about Acceptance of Papers: 30 Sept. 2019

• Last Date for Registration: 31 Oct. 2019

SUBMISSION OF PAPERS:

  • The Conference is open to scholars both from India and outside. The papers may relate to India as well as other regions and countries of the world.
  • The papers should be submitted online on the Conference portal athttp://conference.isleijle.org/
  • Length of the paper should not exceed 8000 words and should adhere to the current writing style of The Indian Journal of Labour Economics (IJLE). For further details, please visithttp://www.springer.com/economics/journal/41027
  • All papers should include a summary of 500 -750 words. The summaries of all accepted papers will be compiled into a publication which will be distributed among the Conference participants, along with a CD containing the selected papers. These summaries will also be put up on the ISLE website.
  • Those who would like their papers to be published in the Indian Journal of Labour Economics, should upload their revised papers after the Conference athttp://www.springer.com/economics/journal/41027
  • Authors must ensure that their submissions are original. Please note that all papers will be screened for plagiarism and accordingly accepted or rejected. Further, authors are solely responsible for violation with respect to plagiarism.
  • Best Paper Awards and Fellowship:Every year ISLE gives two best paper awards – Ruddar Datt Memorial Award and Sanjay Thakur Young Labour Economist Award – and one fellowship – Surjit Singh Fellowship – to young

 

 

 

CONFERENCE SCHEDULE

Thursday, April 4

 17,45 – 18,00     Registration Desk

18, 00                 Welcome Cocktail   HD  Hall

 Friday, April 5

09,00 – 09,45     Registration Desk

09,45 – 10,00     Opening Ceremony

10,00 – 11,45     Plenary Session

Alexandru Ţiclea –  Romania and the International Labor Organization

Miryam de la Concepción González Rabanal – Need and motivation of the staff at the service of the public administration. An approach from the economy

Corso Stefano Maria  –  Employee voice and retaliation at the workplace: the perspective of the European Court of Human Rights

Sandra Tavares –  OIT – its present and its future in Portuguese labor law

Edvana Tiri; Erjola Aliaj –  Conventions and recommendations of international labour organisation and the historical path of the Albanian labour legislation

11,45 – 12,00    Coffee Break

12,00 – 14,00     Section Session, Part I

Septimiu Panainte – A critical overview on the workers’ representation in Romania

Vlad Barbu; Lucian Gheorghe – Ensuring continuity of work during rest leave by the professional nursing assistant

Daniel Mihail Șandru –  Daily rest – need for a preliminary reference

Graţiela Florentina Moraru – About the right of participation of the workers in the European Union

Carmen Nenu; Mădălina Iordache – The concept of decent work in Romania between normative regulation and social reality

14,00 – 15,30    Lunch – HD Restaurant

15,30 – 17,30     Section Session, Part II

Dan Ţop – ILO Conventions and Recommendations, sources of labor law and social security

Anca Aldescu – The apprenticeship contract in the comparative law

Loredana Pădure – Conventions of the International Labour Organization

Iancu Ana Maria – ILO Convention no. 183/2000 on the revision of the 1952 Convention on the protection of maternity

Lavinia Savu – A sustainable employment level promoted by economic competitiveness, social cohesion and development sustainable in Romania

17,30 – 17,45    Coffee Break

17,45 – 19,00     Section Session, Part III

Nicoleta Enache – Social protection of migrants workers

Monica Ortega Perez; Jesus  Gregorio Cuevas Medina – The right to privacy in the digital era

Laura Manea  –  Social security of migrant workers. Coordination of social security regimes. 

Lourdes Mella Mendez – The new judgment of the ECHR (affair Libert versus France) on the employer’s control and the private life of the employee: a critical approach

20,00                 Festive Dinner

Saturday, April 6

09,30 – 11,00     Section Session, Part IV

Radu Răzvan Popescu – The contribution period versus the lenght of the employment relationship

Cristina Sâmboan  –   Trade union freedom – challenges and perspectives

Guillermo Ferriol Molina – The future of the labour law

Julio Ismael Camacho Solís – Social justice in the optics of the ILO

11,00 – 11,30     Coffee Break

11,30 – 12,00     Closing of the conference. Conclusions

12,30 – 14,00     Guided Tour – Târgovişte

14,00                 Rustic Lunch – Dracula’s Brewery

 

SCIENTIFIC COMMITTEE:

Prof. Dumitra POPESCU, PhD -„Acad. Andrei Rădulescu” Legal Research Institute, Bucharest, Romania

Prof. Andrei POPESCU,  PhD  –  Court of Justice of the European Union

Prof. Lourdes MELLA MENDEZ, PhD – University of Santiago de Compostela, Spain

Prof. Krassimira Sredkova, PhD  – Université de Sofia, Bulgarie

Prof. Alexandru ŢICLEA, PhD – Doctoral Law School, ,,Alexandru Ioan Cuza” Police Academy of Bucharest, Romania

Prof. Antonio Pedro BAYLOS GRAU, PhD – Universty Castilla La Mancha, Ciudad Real, Spain

Prof. Ángel Guillermo Ruiz MORENO , PhD – University of Guadalajara, Mexic

Prof. Vlad BARBU, PhD  – „Alexandru Ioan Cuza” Police Academy of Bucharest, Romania

Prof. Carlos Luiz STRAPAZZON, PhD –  Université del Oeste de Santa Catarina, Brésil

Prof. Miryam GONZÁLEZ RABANAL, PhD – National Distance Education University, Spain

Assoc. Prof. Septimiu PANAINTE, PhD  – Alexandru Ioan Cuza University, Iaşi, Romania

Assoc. Prof. Carmen NENU,  PhD   – University of Pitești, Romania

Assoc. Prof. Marcin WUJCZYK, PhD  –  Jagiellonian University, Krakow, Poland

Assoc. Prof. Marc RÎCHEVEAUX, PhD – Université Littoral Côte d’Opale, France

Lect. Edvana TIRI, Ph.D –  Professional Business Academy, Tirana, Albania

Researcher Pascal CAILLAUD, PhD – National Center for Scientific Researc, Université de Nantes, France

ORGANIZING COMMITTEE :

Prof. Dan ŢOP, PhD – Valahia University of Târgoviște, Romania

Assoc. Prof. Radu Răzvan POPESCU –  National University of Political Studies and Public Administration, Bucharest, Romania

Lect. Nicoleta ENACHE, PhD – Valahia University of Târgoviște, Romania

Lect. Lavinia SAVU, PhD – Valahia University of Târgoviște, Romania

Lect. Loredana PĂDURE, PhD –  Hyperion University of Bucharest, Romania

Lect. Cristina SÂMBOAN, PhD – Artifex University of Bucharest, Romania

Dragoș POPOIAG, Ph D candidate – Dâmbovița County Tribunal

Marius MIHĂLĂCHIOIU, Ph D – Dâmbovița County Tribunal

Ana Maria IANCU, Ph D candidate –  Legal Adviser

۩ The Conference will take place at the  Conference Room of  Hotel Dâmbovița, B-dul Libertății nr.1, Târgovişte

۩ Conference schedule: ● December 1, 2018 –  call for papers ● February 1, 2019 – deadline for abstracts submission ● February 15, 2019 – acceptance by the Scientific Committee ● March 15, 2019 – deadline for submission of the full text of the study – in English ● March 30, 2019 –  deadline for payment of the participation fee ● April 1, 2019 – dissemination of the conference program ● April 5 – 6, 2019 – conference sessions

۩ The proposed themes or panels are:

  1. Romania and OIT
  2. The European Union and the OIT
  3. OIT and the future of labor law
  4. OIT and the future of social security law

۩ Information regarding conference registration and paper publication: Registration will be done by sending the registration form and the full text of the paper at the following e-mail address: top.dan@gmail.com

 The studies will be written in English and will have a length of 6-8 pages;  Page setup: A4 page (Setup: Top – 2 cm, Bottom – 2 cm, Left – 3 cm, Right – 2 cm);  The title of the paper will be written in Times New Roman font, size 14, all caps, bold, center alignment;  After two empty lines (size 12) below the title, the full name and surname will be writen, in Times New Roman font, size 12, bold, right alignment; only the surname will be written with capital letters;

 After the surname, a footnote will be inserted and the scientific title or, where appropriate, the profession, each followed by the affiliation, will be indicated in the footnote text;

 After two empty lines (size 12) below the name, the abstract will be included (max.300 words), written in Times New Roman font, size 10, italic, single line spacing, justify alignment;  On a new line below the abstract, the keywords (3-5) will be written, in Times New Roman font, size 10, italic, single line spacing, justify alignment;

 After two empty lines (size 12) below the keywords, the content of the paper will be written, formatted in Times New Roman font, size 12, single line spacing, justify alignment;

 To highlight fragments of text, use only italic font, do not use bold or underline font;

 The footnotes will be formatted as numbers, with the footnote text written in Times New Roman font, size 10, single line spacing, justify alignment. Bibliographic references in footnotes will have the following form: Author (Name, surname), Title, publisher, place, year, page(s) indication (use “p.” when referring to one page or “pp.” when referring to multiple pages). Indications in Latin (idem, op. cit., ibid., sqq etc.) will be written in italics. For bibliographic references that refer to periodicals, the footnote entries will have the following form: Author, “Article quoted”, Publication name, number, location, year, p./pp. The references to book chapters or contributions in collective works will be written in similar manner: Author A, “Chapter quoted” in Author B (coord./ed.), Title, publisher, place, year, p./pp. Each footnote text ends with a point;  After one empty line (size 12) below the text, the Bibliography will be written, in Times New Roman font, size 10, single line spacing, justify alignment. The papers submitted on time (no later than March 30, 2018) will be subject to a peer review process conducted by conference scientific reviewers in accordance with the relevant international scientific standards. Accepted papers will be published, in English, in the conference proceedings – a supplement to “Revue Europénne du Droit Social” Journal, a specialized publication BDI indexed: Index Copernicus, CEEOL, EBSCO Publishing, DESY Publication Database, Open Academic Journals Index (OAJI) et SJIFactor.com and accredited by CNCSIS.

۩  Information regarding fee payment:

The participation fee is 100 Euros. The fee covers: access to the conference sessions, conference folder, a copy of the conference proceedings (supplement to “Revue Européenne du Droit Social” Journal), Certificate of Participation, coffee breaks, 2 nights accommodation and breakfast, lunch and other expenses incurred in organizing the event. The participation fee is to be paid into the account RO69BTRLRONCRT0344905001, Banca Transilvania, Sucursala Poarta Bucureștiului, Târgovişte.

 

Continuing the Struggle:

The International Labor Organization (ILO) Centenary

and the Future of Global Worker Rights

 Washington, DC

Updated dates: November 21-22, 2019

Call for Participants

New Submission Deadline: February 1, 2019

October 29, 2019, will mark the one-hundredth anniversary of the first International Labor Conference (ILC), held in the Pan American Union Building in Washington, D.C., under the nascent International Labor Organization (ILO). During the following weeks, delegates from some forty nations adopted international conventions that addressed working hours, child labor, unemployment, maternity protection, and night work. These labor standards assumed Western male industrial workers as the norm, with different treatment offered on the basis of gender, age, and geography. European empires insisted on lesser standards for their colonies, while war-torn nations obtained leeway in implementation. Although the United States hosted the conference and the U.S. Secretary of Labor presided, the United States was ineligible to send delegates because it was not part of the League of Nations. Indeed, it would reject League membership in the midst of the ILC deliberations. After joining the ILO in 1934, the United States often played a defining role even though it actually ratified few conventions.

This conference will mark the centenary of that watershed event. It will be both retrospective and prospective. It will look back to analyze and evaluate a century of efforts to advance workers’ rights around the globe. It will look forward to ponder the ways in which global supply chains, financialization, and the growth of the “gig” economy and other forms of non-standard work challenge the ILO system and raise questions about the very definition of employers and employees and the basis of labor relations. As we look forward, we will also examine the conditions of the most vulnerable workers, including internal and external migrants, women, and youth who disproportionately make up the majority of domestic workers, care workers, and low-end manufacturing workers such as in the garment and electronic sectors. We will consider what approaches might be most effective in developing the cause of worker rights and empowerment in the century ahead. To explore these questions, the conference will gather both academics and practitioners, including policymakers, union leaders, and leaders of worker rights organizations.

The conference invites participants who can contribute to the exploration of a range of themes related to the ILO’s work through scholarship or organizational work. These themes include:

Global Workers, Global Supply Chains, Global Lives

What are the roots of the global supply chain process and how has this development driven economic change? What have been the mediating forces that shaped global supply chains? How are new forces like automation and digitization further shaping global supply chains? What has been the dynamic relationship between worker migration, citizenship, and labor rights? What are the legacies of empire, colonialism, and forced labor on today’s global economic infrastructure? How does the ongoing crisis of forced labor and migration reflect on international efforts to address post-colonial structural legacies?

Gender, Sexuality and Labor Rights

Is there a global #MeToo movement and what does it mean for women working in today’s shifting economy? What is the prevalence of gender-based violence and harassment on the job? What is the potential for the proposed ILO Convention on gender-based violence at work? What can we learn by studying the past and present of care work as a transnational, feminized category of labor? How has the work / family dilemma impacted working people, how has it looked different in the Global South and Global North, and how has this experience been mediated by both national government policy and global corporate policy? What is the connection between gender-based violence at work and precarious work? What is being done to win equal remuneration and combat discrimination based on perceived characteristics like gender, sexuality, ethnicity, age, and race?

Building Workplace Power and Global Workers’ Rights

How have workers and their organizations used ILO conventions in workplace organizing at the local, national or global level? Can ILO conventions be of particular use in transnational sectoral organizing? What is the future of worker organizing and working people’s freedom of association? What are the new or alternative forms of organizations that are emerging to strengthen workers’ voice? Do case studies of key sectors offer particular insights, such as in home work, domestic, maritime or migrant labor?

On Shifting Ground: Labor Standards, Policy and the Future of Work

What can we learn about workers’ present crisis by studying the past and future of tripartite structures like the ILO for governing workers’ rights? How and why are national and global labor standards shifting today and what does that mean for workers and their organizations? What is the role and impact of new Standard Development Organizations (SDOs)? What kind of global governance, regulations and labor policy could best support working people in today’s gig economy, including “creative labor”? How should we understand the shifting boundaries of formal / informal work and / or free/ unfree

labor? How can the ILO address the increase of precarious employment, including depressed wages and benefits and declining worker voice?

Please send paper, presentation, or panel proposals to kilwp@georgetown.edu. Deadline for submissions is February 1, 2019.

We hope to disseminate papers and presentations as appropriate, including a special section or issue of a journal, edited collection, online proceedings, activist blogs and other digital media, and other formats.

Planning Committee (in formation):

Mark Anner, Pennsylvania State University

Eileen Boris, University of California at Santa Barbara

Tula Connell, Solidarity Center

Leon Fink, editor, Labor: Studies in Working-Class History

Julie Greene, University of Maryland

Jill Jensen, University of Redlands

Joseph A. McCartin, Georgetown University

Guilherme Machado Dray, University of Lisbon

Jennifer Mansey, ILO-USA

Nancy Raquel Mirabal, University of Maryland

Uma Rani, ILO, Geneva

Jeff Wheeler, AFGE and Georgetown University

Lane Windham, Georgetown University

 

 

 

Prof dr. Martha Elisa Monsalve  Cuellar – Presidente Asociacion de Relaciones de Trabajo de Colombia
Prof. Guillermo Ferríol Molina – Presidente, Sociedad Cubana de Derecho Laboral y de Seguridad Social
Prof. dr, Antonio Pedro Baylos Grau – Director of the European and Latino-American Center for Social
Prof. dr. Miryam de la Concepción González Rabanal – Universidad Nacional de Educación a Distancia, Madrid
Lect. dr. Edvana Tiri – Mediterranean University of Albania, Tirana

MEMBERS OF ASSOCIATION FOR THE STUDY

OF PROFESSIONAL LABOUR RELATIONS

 

 

1. Țop Dănuți – Universitatea Valahia – top.dan@gmail.com
2. Mihălăchiou Marius – Tribunalul Dâmbovița – mihalachioiu.marius@yahoo.com
3. Alexandru Constantin Stelian* – Consilier Instituția Prefectului Dâmbovița – ccstargoviste@gmail.com
4. Ungureanu Nicolae Robertino – Cenzor ASRPM – robertinoungureanu@yahoo.com
5. Savu Lavinia – Universitatea Valahia – laviniasavu68@@yahoo.com
6. Toma Cristian – Baroul Dâmbovița – tomaav2000@yahoo.com
7. Țop Dana – Universitatea Hyperion București – top.dana@yahoo.com
8. Cristea Liviu Ion – ITM Dâmbovița – liviu_cri@yahoo.com
9. Pădure Loredana – Universitatea Hyperion București – ninupadure@yahoo.com
10. Radu Popescu – SNSPA București – radupopescu77@gmail.com
11. Popoiag Dragoș – Tribunalul Dâmbovița – dragospopoiag@gmail.com
12. Eftene Florin – Tribunalul Dâmbovița – florineftene@yahoo.com
13. Bârlog Vasile – Tribunalul Dâmbovița – birlogv@gmail.com
14. Ștefănescu Ana – Universitatea Dunărea de Jos, Galați – ana.stefanescu@ugal.ro
15. Țiclea Alexandru – Universitatea Ecologică – alexandru_ticlea@yahoo.com
16. Enache Nicoleta – Universitatea Valahia – nicoletaenache73@yahoo.com
17. Țichindelean Mărioara – Universitatea Lucian Blaga, Sibiu – tmsib@yahoo.com
18. Georgescu Laura – Universitatea Ecologică – avlaurageorgescu@gmail.com
19. Pană Nicolae Silviu – Baroul Dâmbovița – bobo-tgv1@yahoo.com
20. Lăcraru Anca – Baroul București – anca.aldescu@yahoo.com

=======================================================================

21.  Dragodănescu Nicolae – Cartel Alfa – valahia 1@gmail.com
22. Iancu Ana-Maria Alexandra – Universitatea Valahia – annie_maria94@yahoo.com
23. Stan Mariana – Baroul Bucuresti – av.marianastan@gmail.com
24. Maria Luiza Hrestic – Universitatea Valahia – marrylou1981@yahoo.com

 

 

*Membership has been raised at his request

International Conference

 

 

 

 

 

 

 

 

 

 

Submission of the registration form  15 march 2021

Documents delivery address: asrpm.ro@gmail.com

 

 

 

 

ONLINE CONFERENCE PROGRAM OCTOBER 15, 2020

Participation in the Conference can be done by accessing the following address:
https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o
Meeting ID: 323 503 6823

10.00 – 10.15 – Opening of the conference – presentation of the participants

Partea I- lb. română (10.15- 12.45)

Moderator: Dan ŢOP, Professor PhD

 10.15 – 10.30

Alexandru ŢICLEA, Professor PhD, Adelina DUŢU, PhD Lecturer – Additional work according to the rules and the jurisprudence of the European Union – Universitatea Ecologică- România

10.30 – 10.45

Dan ŢOP, Professor PhD – The individual labor contract in Romanian Law, 1950 Labour code regulations – UVT- România

10.45 – 11.00

Sorin Alexandru VERNEA, PhD – Rest time of the employee in the Romanian Labour Code of 1950. A historical perspective – Universitatea din Bucureşti- România

11.00 – 11.15

Radu Răzvan POPESCU, Associate Professor PhD – Practical aspects regarding the regulation of the employment relationship for contract staff from public institutions and authorities – SNSPA Bucureşti- România

11.15 – 11.30

Magda VALLASEK, Senior Lecturer PhD – The Evolution of the Concept of Employee in the Mirror of the Romanian Labour Regulation – Universitatea Sapientia, Cluj Napoca- România

11.30 – 11.45

Andrei Radu DINCĂ, PhD – Material liability in the Romanian Labour Code. the evolution of regulation – Judecător Tribunalul Teleorman- România

 11.45 – 12.00

Ana Maria Alexandra IANCU, Student PhD – Protection of maternity at work according to the Labor Code of 1950 – ICJ Bucureşti-România

 12.00 – 12.15

 Candit VERNEA, Student PhD – Some particularities of employment contracts in insolvency proceedings provided by Law no. 85/2014 – Universitatea din Bucureşti- România

 12.15 – 12.30

Carmen NENU, Associate Professor PhD – The role and importance of the Labour Code in the social reality of Romania – Universitatea din Piteşti- România

 12.30 – 12.45

Concluzii Partea I- Dan ŢOP, Professor PhD

 

PAUZĂ- 15 MIN – 12.45-13.00

 

Partea II – lb. spaniolă 13.00- 14.00

Moderator: Nicoleta ENACHE, Lecturer PhD

El acceso se puede hacer accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunion: 323503 6823

13.00- 13.15

Nicoleta ENACHE, Lecturer PhD, Efectele pandemiei asupra lucrătorilor sezonieri.(The effects of the pandemic on seasonal workers ) – UVT- România

 13.15-13.30/ 12.15-12.30

Maria Soledad CAMPOS DIEZ, Associate Professor PhD – A century in the history of the right to strike in Spain – UCLM- Spania

13.30-13.45/ 12.30-12.45

Miryam de la Concepción González RABANAL, Professor PhD – El previsible impacto económico de los cambios del modelo de trabajo derivados de la Covid-19- UNED- Spania

 13.45-14.00/12.45-13.00

Tatsiana USHAKOVA, Professor PhD –  Present and Future of Protection against Poverty in the EU Law- University of Alcalá, Spain

 Concluzii Partea a II-a-  14.00-14.10

Nicoleta ENACHE, Lecturer PhD

 

PAUZĂ DE MASĂ 14.00-16.00

 

Partea a III-a 16.00-17.00- lb. engleză

Moderator: Edvana TIRI, Lecturer PhD

 Access can be done by accessing the following coordinates:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

16.00 – 16.15 / 15,00-15,15

Edvana TIRI, Lecturer PhD –The colective contract of employment in Albania- Mediterranean University of Tirana, Albania

 16.15 – 16.30

Loredana PĂDURE, Associate Professor PhD – The importance of the Labour Code over time in Romania – Hyperion University of Bucharest, Romania

 16.30 – 16.45/15.30-15.45

Valentina FRANCA, Associate Professor PhD – Collective rights and precarious workers: is there any room for codification? – University of Ljubljana, Slovenia

 16.45 – 17.00/15.45-16.00

Sandra TAVARES, Assistant Professor PhD.  –  Family protection in Portuguese labour law- Catholic University, Portugal

 Concluziile Partea a III-a 17.00-17.10

Edvana TIRI, Lecturer PhD.

 

 Partea a IV-a 17.15-19.00

  1. spaniolă

Moderator: Nicoleta ENACHE, Lecturer PhD

El acceso se puede hacer accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunión: 323503 6823

 17.15 – 17.30 /09.15-09.30

Julio Ismael CAMACHO SOLIS, Professor PhD – El trabajo digital en la pandemia de COVID 19 – Universidad Chiapas- Mexico

 17.30 – 17.45/09.30-09.45

Jean Jose TAMARONES Professor PhD – El cotexto laboral actual por Covid 19 en Colombia- Universidad Libre- Columbia

 17.45 – 18.00/09.45-10.00

Juan Manuel GOMEZ Professor PhD – Tendencias y retos del paradigma laboral post pandemia- UAEM- Mexico

 18.00 – 18.15/10.00-10.15

Oscar Samario HERNÁNDEZ Professor PhD – Institucion familia en Mexico de cara a la reforma laboral desafios y oportunidades- UAEM– Mexico

 18.15 – 18. 30/09.15-09.30

Isaac Nain Monge SEGURA, Costa Rica PhD – Los cambios sociales y laborales y sus implicaciones  en la justicia-Juez del Poder judicial de Costa Rica

 18.30-18.45/10.30-10.45

Martha Elisa MONSALVE CUELLAR, Professor PhD – How can Human Rights protect workers in the disruptive era or high technology ?- Instituto Latinoamericano de Derecho del Trabajo y de la Seguridad Social, Bogotá D.C, Columbia

 18.45 Concluzii generale

Dan ŢOP, Professor PhD

 * The second time slot is that of the speaker’s country

   La segunda franja horaria es la del país del hablante

 

 

REPROGRAMMING CONFERENCE

70 YEARS FROM THE FIRST LABOUR CODE IN ROMANIA

       As the risk of infection with COVID 19 did not allow the Conference to be held on the date originally scheduled for 14-16 May 2020 and because the situation is not favorable at present, we have decided to reschedule the Conference on 15 October 2020, this event will take place unfold online (Zoom)

Access can be done by accessing the following coordinates:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

The Organizing Committee

 

 

  We bring to the attention of those interested the following:

On April 23, 2020, the collaboration agreement between CIELO Laboral and ASRPM was concluded for this purpose for the joint realization of a specific scientific activity of great complexity, a more detailed agreement can be concluded, which includes the duties and rights of both parties , especially the economic aspects of that.  The adhesion of the collaborating entity takes place, from the moment of the signature of this Agreement by both parties, with a temporary character of 3 years, at the end of which, if neither of the parties has denounced that, said adhesion is automatically extended equally period to the previous one, and so on. For the follow-up of this Agreement and any matter related to the collaboration that derives from it, a specific Commission is appointed, integrated, on the one hand, by the representative of the collaborating entity, mentioned in the fifth clause, and, on the other hand, the General Coordinator of RED CIELO

 

 

 

 

Due to the situation created by the CONVID 19 virus and the security measures imposed by the authorities, together with the other partners we decided to postpone the Conference for the autumn of 2020.

            We will make timely announcement of the period of the event.

            The organizing committee

 

 

 

 

 

From 4 to 6 April 2019 was held in Târgovişte Romania, The International Conference “100 YEARS OF ROMANIAN PRESENCE AT OIT”. The event was organized by the Association for the Study of Professional Relationships, the Center for Research in Legal Sciences and Administrative Studies of Valahia University of Târgovişte, the Magistrates’ Association, the Dâmboviţa Branch, the Student Entrepreneurship Society from Valahia University

The event was attended by university teachers from: Romania (Prof. PhD. Alexandru Ţiclea, Prof. PhD. Vlad Barbu, Prof. PhD. Dan Ţop, Assoc. Prof. Septimiu Panainte, Assoc. Prof. Carmen Nenu, Assoc. Prof. Loredana Padure, Lecturer PhD Nicoleta Enache, Lecturer PhD Lavinia Savu)

 

Spain ( Prof PhD Miryam de la Concepción González Rabanal, Lecturer Graţiela Florentina Moraru), Portugal (Lecturer Sandra Tavares), Italy (Prof. Stefano Maria Corso), Albania (Lecturer PhD Edvana Tiri), Students PhDs of the Juridical Research Institute of the Romanian Academy, students of the Valahia University of Târgovişte, magistrates and judicial assistants from the Dâmboviţa and Dolj Tribunals

             

More than 20 communications have been presented that have highlighted the role and importance of ILO in the field of labor relations as well as for the general development of society.

Chairman of the Organizing Committee
Prof. PhD . Dan Top

 

 

FRAMEWORK COOPERATION AGREEMENT

BETWEEN

ADAPT, Association for International and Comparative Studies in Labour Law and Industrial Relations with registered office in Modena (ITALY), Viale Berengario n. 51, by Centre for International and Comparative Studies (DEAL) Marco Biagi Department of Economics, University of Modena and Reggio Emilia, F.C. 94091070360, represented by its President, Dr. Emmanuele Massagli, born in Monza, Milano, (ITALY) on 19th January 1983

AND

Association for the Study of the Professional Labour Relations, with registered office in Târgovişte (ROMANIA), Aleea Trandafirilor nr.16, bl. 10 ap. 46, F.C. 37001730, represented by its President, Professor Ph. D Dan Ţop, born in Târgovişte Romania on 26th November 1956

……………………………………………………………………………………………………………………………………………

This framework agreement will last for three years and the parties are enabled to terminate it
at any time after a three month written notice.
Date and place Modena, 28/01/2019
On behalf of ADAPT– Associazione per gli Studi Internazionali e Comparati sul Diritto del
Lavoro e sulle Relazioni Industriali (Italy)
The President, Dr. Emmanuele Massagli
…………………………………………………………………………………………………
On behalf of, Association for the Study of the Professional Labour Relations Târgovişte
Romania
Prof. dr. Dan Ţop

 

İzmir International Congress on Economics and Administrative Sciences IZCEAS ’18

Dear Dan TOP, Dragos POPOIAG, Adrian GHICULESCU,
Your full paper titled “La Règlementation De La Responsabilité Administrative- Disciplinaire Dans Le Nouveau Code Administratif De La Roumanie” and presented at the congress, was nominated to be the “Best Paper” as a result of the evaluations made by the reviewers and the session chairman. As a result of the final evaluation made by our organization committee, it was selected as one of the “Best Paper”. We would like to thank you for your contributions to our congress and the science, and congratulate your success. Your best paper award certificate has been attached.

Best Regards.

IZCEAS ‘ 18 Organizasyon Komitesi
(Organizing Committee)

 

 

Secretariat of ILERA World Congress 2018

 

Dear Top DANUTI,

This is the Secretariat of ILERA World Congress 2018.

We would like to express our deepest appreciation for your sincere interest and participation in ILERA World Congress 2018.

Under the theme of “Employment of a Sustainable Society: What Is To Be Done?”, the hundreds of outstanding papers were presented during the congress, having depth discussion for seeking the new direction in the fourth industrial revolution among participants from all around the world.

To remember this meaningful congress, we published the congress report including all information. We would like to share this report with you and hope this report is helpful for memorizing the valuable moment during ILERA World Congress 2018 and preparing another successful congress.

Once again, we extend our heartfelt gratitude to you for dedicating your time to the ILERA World Congress 2018 and enriching this year’s Congress with your presence.

Thank you.

Best regards,

The Secretariat of ILERA World Congress 2018

 

          

 

ASRPM HAS PARTICIPATED OF THE WORLD CONGRESS ILERA, SEOUL 2018

            In Seoul, South Korea, took place in period July 23-27, 2018, the 18th World Congress of the International Association for Labor and Labor Relations – ILERA, with the theme “Employment for a Sustainable Society: What Is To Be Done”? which brought together over 2300 participants from 62 countries from all continents.

During the communication sessions, the Association for the Study of Professional Labour Relations, one of the 48 national ILERA member associations, presented aspects related to Employment contract and working time flexibility, and its efficient management in Romania, elaborated by Professor PhD. Alexandru Ţiclea and Professor PhD Dan Ţop.

 

 

Thank you for your participation

Dear Distinguished Participant,

On behalf of the International Labour and Employment Relations Association (ILERA), I would like to express my sincere appreciation for your participation in the 18th International Labour and Employment Relations Association (ILERA) World Congress, held from 23 to 27 July 2018 in Seoul, Korea.

I am delighted at the successful conclusion of the ILERA World Congress 2018 which brought together 2,396 distinguished participants to discuss current issues, and explore how to promote personnel and material exchanges for Employment for a Sustainable Society.

Under the theme of ‘Employment for a Sustainable Society: What Is To Be Done?,’ the Seoul Congress featured 157 sessions, serving as a significant venue for the discussion and exchange of ideas and insights.

As part of efforts to reminisce about these valuable moments, we will soon upload all the pictures taken during the Congress and the list of participants onto our official website.

Once again, I extend my heartfelt gratitude to you for dedicating your time to the ILERA World Congress 2018 and enriching this year’s Congress with your presence. I hope to see you again in the future. In the meantime, please accept my best wishes for continued success in your endeavors.

Thank you.

Sincerely yours,

Prof. Dong-One Kim

17th President of ILERA

 

 

 

REGULATORY OF THE TELEWORKING ACTIVITIES IN ROMANIA

              Dan ŢOP

The need for proper regulation of teleworking has been repeatedly debated in the specialized legal doctrine[1].

Following a legislative proposal[2] to amend and complement Chapter IX of the Labour Code on “Homework” by adding four new articles (Articles 1071-1074) defining Teleworking and establishing the rights and obligations of the Teleemploee, was adopted Law no. 81/2018 on the regulation of teleworking activity[3].

Previously, there is no teleworking regulation in the Romanian labour law, but it is considered[4] to be a form of recent work, characterized by the fact that the employee is working regularly outside the employer’s premises, using the information technologies linked to the employer’s computer network[5].

It has also been said that “we are witnessing a revolution that is supposed to generate mutations as important as the industrial one: a digital revolution. The digitization of work tends to structurally modify how it is organized in a legal way …. Digitization has important positive effects on the worker / employer ratio and on the personal lives of those who work. It leads to the possibility of harmonizing professional and family life; a worker who is no longer forced to work at a particular time has a temporal flexibility that will allow him to fulfill his family responsibilities, raising and educating children, caring for the elderly in the family or respecting the personal biorhythm in the work … in contrast, digitization has the merit of allowing people with disabilities to be included in the labour market, whose travel to the workplace would otherwise have been difficult or impossible. And even for people who do not have locomotor problems, it is a relief of the working day by removing the time spent in traffic while traveling to the workplace.”[6]

It should also be noted that at international level neither the rules of the International Labour Organization (conventions and recommendations) nor those of the European Union (regulations and directives) do not make a comprehensive reference to this kind of work[7].

At the European level on 16 July 2002, however, between U.I.C.E. – on behalf of the employer – and  U.E.A.P.M.E, C.E.E.R and C.E.S. – from the professional organizations of the employees – the framework agreement on telework[8]. It aims to “modernize the work organization, including flexible commitments to work and to achieve the necessary balance between flexibility and security.”[9]

The teleworking regulation shows in art. 1 that it regulates “the way in which the employee performs the teleworking activity” applicable in the fields of activity where it is possible to carry out the teleworking activity.

Teleworking is defined by art. 2 as “the form of work organization by which the employee, on a regular and voluntary basis, performs his or her duties specific to the job, occupation or job he holds in a place other than the workplace organized by the employer, at least one day per month, using information and communication technology “.

A new category is introduced, namely the teleemployee, which may be any employee who carries out the activity under the terms of teleworking law.

The teleworking activity may be carried out by concluding an individual labour contract expressly stipulating this way of performing the work, or according to art. 3 par. 1 by an addendum to the existing individual employment contract.

Although it is not expressly stated that such a contract can only be concluded in written form required only ad probationem, the reference to the parties’ will agreement can only emphasize the consensual nature of the contract, the principle of consensualism being a fundamental principle of law the mere manifestation of will is not only necessary, but also sufficient for the civil legal act (the individual labour contract) to take place in a valid way.

As mentioned above, the regulations in question, for both parties, telework has a purely voluntary character; both the employer and the employee can make a job offer in this form. Either party, depending on the specific interest, may refuse or accept the offer. Therefore, the principle of freedom of will is also fully applicable.”[10]

In case an additional act to an existing individual employment contract is concluded, art. Article 3, paragraph 2, provides that “the employee’s refusal to consent to the telecommunica- tion service can not constitute a reason for unilateral modification of the individual labour contract and can not constitute a reason for disciplinary sanction.”

From the interpretation of this law it can be concluded that an employee can not change his / her place of work without his / her consent, being in fact an application of art. 41 par. 1 of the Labour Code, according to which the individual labour contract can be changed only with the agreement of both parties. At the same time, a possible refusal of the employee to carry out teleworking can not constitute a reason for disciplinary sanction and even less for dismissal.

Because the workplace is always outside the employer’s home, art. 4 par. 1 stipulates that the work program of the teleemployee is established in agreement with the employer, according to the provisions of the individual labour contract, the internal regulation and / or the applicable collective labour contract.

Prior to this regulation, it was argued in the literature[11] that this form of work can not be performed at the employee’s home because it involves the imposition of a special space that is not accessible to anyone and the activity is carried out by the means installed and maintained by employer.

Of course, such support has no justification, being considered erroneous[12] because the legal provisions do not prohibit the teleworking activity at the employee’s home, and what is not expressly prohibited means that it is permissible and on the other hand there is no perfect identity with the contract work at home, except for work. Even if the workplace can be the home of the employee, as shown in the doctrine[13], teleworking sometimes identifies the work at home, the object[14], the content, but especially the purpose of the two individual labour contracts are totally different.

From the provisions of art. 4 par. 2 according to which, at the employer’s request and with the written agreement of the full-time faculty, he / she may perform additional work, the following consequences can be attributed:

– additional work can only be provided by full-time employees, not being designed for part-time employees;

– because the law on teleworking is a special law in the report with the provisions of the Labour Code, the exceptions provided by art. 120 par. 2 on force majeure or urgent work to prevent the occurrence of accidents or to eliminate the consequences of an accident shall not apply. In these cases, the employee’s written consent is required;

– if the Labour Code does not specify what form the agreement should take the teleemployee to carry overtime, the Teleworking Law provides for the need for written agreement

– the provisions of art. 122 paragraph 1 of the Labour Code which give the possibility of compensating for paid hours, the only possibility being the corresponding payment of the hours worked over the normal work schedule.

The employer is entitled, stipulates art. 4 par. 3 to verify the activity of the teleemployee, under the conditions established by the individual labour contract, the internal regulation and / or the applicable collective labour contract, according to the law.

It is a provision largely similar to that relating to the verification of the work of the employee with the work at home, in the situation of the teleemployee, the conditions under which the verification may take place may be provided both in the internal regulations and in the collective labour contract

It should be noted that the provision in the project was dropped, according to which during the probationary period, the teleemployee has to work only at the employer’s headquarters.

The individual labour contract for the employees carrying out the teleworking is terminated and is modified stipulates art. 5 par. 1 under the conditions provided by Law no. 53/2003 – Labour Code. In fact, Art. 10 of the Teleworking Act stipulates that the provisions of the Teleworking Law shall be supplemented by the provisions of Law no. 53/2003.

The provisions of art. 5 par. 2 which actually completes art. 17 par. 3 of the Labour Code regarding the obligation to inform the employee. Thus, in the case of teleworking, the individual labour contract contains, in addition to the elements provided in art. 17 par. 3 of the Law no. 53/2003, the following:

  1. a) explicit mentioning that the employee works under teleworking;
  2. b) the period and / or the days in which the teleemployee carries out its activity at a job organized by the employer;
  3. c) the place (s) of teleworking activity agreed by the parties. Though theoretically the teleemployee could carry out his activity anywhere he would have access to the Internet, in particular his place or places of work will be determined by the concluded contract or the addendum to the contract of work in execution.
  4. d) the program in which the employer has the right to check the activity of the teleemployee and the concrete way of carrying out the control;
  5. e) the way of emphasizing the hours of work performed by teleemployee;
  6. f) the responsibilities of the parties agreed upon by the place (s) of the teleworking activity, including occupational safety and health responsibilities in accordance with the provisions of Art. 7 and 8;
  7. g) the obligation of the employer to ensure the transport to and from the place of the teleworking activity of the materials used by the employees in their activity, as the case may be;
  8. h) the obligation of the employer to inform the teleemployee about the provisions of the legal regulations, the applicable collective labour contract and / or the internal regulation, regarding the personal data protection, as well as the obligation of the teleemployee to observe these provisions;
  9. i) the measures taken by the employer to ensure that the teleemployy is not isolated from the rest of the employees and that it ensures the possibility of meeting with colleagues on a regular basis;

(j) the conditions under which the employer bears the costs of teleworking.

The teleemployee benefits (Article 6 paragraph 1) from all rights recognized by law, through internal regulations and collective bargaining agreements applicable to employees who have their place of work at the employer’s domicile or residence.

The applicable collective labour agreements and / or individual labour contracts and internal regulations may be stipulated in Art. 6 par. 2, and other specific conditions regarding telework according to Law no. 53/2003 and the Social Dialogue Law no. 62/2011.

Although the workplace is not organized by the employer but by the employer[15], the employer has (article 7) the following specific obligations regarding the safety and health at work of the teleemployee:

  1. a) provide the means of information and communication technology and / or the safe work equipment needed for work, for example internet connection, computer or laptop, etc., unless the parties agree otherwise;

(b) install, inspect and service the required work equipment, unless otherwise agreed by the Parties;

(c) to ensure that teleemployee receive adequate and appropriate training in the field of occupational safety and health, in particular in the form of information and working instructions specific to the place of teleworking using the display screen equipment[16]: employment, change of teleworking place, introduction of new work equipment, introduction of any new working procedure.

The teleemployee must carry out his activity, according to art. 8 par. 1 in accordance with his training and instruction as well as with the instructions received from the employer so as not to expose the person and other persons who may be affected by his / her actions or omissions to the risk of injury or professional illness work process.

Particularly, in order to achieve these objectives, the teleemployee has according to art. 8 par. 2 the following obligations:

(a) inform the employer of the work equipment used and the conditions at the place where the teleworking activities and enable him to have access, as far as possible, to the establishment and implementation of the required occupational safety and health measures according to the clauses in the individual labour contract or in order to investigate the events;

  1. b) not to change the conditions of safety and health at work from the places where they carry out the teleworking activity;
  2. c) to use only work equipment which does not pose any danger to his safety and health;
  3. d) to carry out their activity in compliance with the provisions regarding the obligations of the workers, as they are stipulated in the Law on safety and health at work no. 319/2006, as amended, as well as in accordance with the terms of the individual labour contract;
  4. e) comply with the specific rules and restrictions established by the employer with respect to the Internet networks used or the use of the equipment provided.

As stated in the doctrine[17], as digitization extends into all spheres of professional life, it can lead to an unexpected evolution of the subordination ratio; the worker is in permanent contact with the employer, so he is practically under his permanent control.”

For the application and verification of the working conditions of the teleemployee, the representatives of the trade union organizations at the level of the unit or the representatives of the employees have access, stipulates art. 9 par. 1, at the places of teleworking activity, under the conditions stipulated in the collective labour contract or the individual labour contract, or the internal regulation, as the case may be.

In order to verify the application and observance of the legal requirements in the field of safety and health at work and labour relations, the representatives of the competent authorities have access (Article 9 paragraph 2) to the places of teleworkingn activity, under the conditions stipulated in Law no. 108/1999 on the establishment and organization of the Labour Inspection, republished, with subsequent amendments.

Where the place of activity of the Teleemployee is at his domicile, the access is granted according to art. 9 par. 3, only upon prior notification of the teleemployee service and subject to his consent.

It is not specified what term should be stipulated in the notification, in the absence of such a requirement we consider that it can only be a reasonable one that makes it possible to express the will manifestation of the teleemployee.

It is a contravention and is sanctioned accordingly, according to art. 11, the following facts:

  1. a) non-compliance with the provisions of art. 5 par. 2 let. a) concerning the obligation to express expressly in the individual labour contract or in its supplementary act the provision of a teleworking activity, with a fine of 10,000 lei per person;
  2. b) carrying out the teleworking activity without complying with the provisions of art. 3 par. 1, with a fine of 5,000 lei. It is not specified that the fine will be given for each employee found by labour inspectors in such a situation;
  3. c) non-observance of the provisions of art. 4 par. 2, regarding the written agreement of the teleemployee to perform additional work, with a fine of 5,000 lei;
  4. d) the conclusion of the individual labour contract without stipulating the clauses stipulated in art. 5 par. 2 let. b) – j), with a fine of 5,000 lei;
  5. e) non-observance of the provisions of art. 7 let. a) regarding the obligation of the employer to provide the means of the information and communication technology and / or the safe work equipment necessary for the performance of the work, unless the parties agree otherwise, with a fine of 2,000 lei;
  6. f) non-observance of the provisions of art. 7 let. b) regarding the obligation of the employer to install, check and maintain the required labour equipment, unless the parties agree otherwise, with a fine of 2,000 lei;
  7. g) non-observance of the provisions of art. 7 let. c) relating to the employer’s obligation to provide conditions for the teleemployee to receive sufficient and appropriate training in the field of occupational safety and health, in particular in the form of information and working instructions, specific to the place of teleworking and the use of equipment with a viewing screen: when hiring, changing the place of teleworking, introducing new work equipment, introducing any new working procedure, with a fine of 2,000 ROL.

It can be noticed that they do not meet in the Teleworking Act only fines in fixed amount, and not in the form of fines.

The finding of contraventions and the application of sanctions is made, stipulates art. 12 paragraph 1, by labour inspectors.

The offender may pay (not less than 48 hours from the date of the conclusion of the minutes or, as the case may be, from the date of communication thereof, half of the amount of the fines provided in art. 11let. b) – g), the finding agent making mention of this possibility in the record of the finding. The provisions of the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002.

It should be noted that such contraventions do not fall under the scope of the Prevention Law no. 270/2017[18] because they are not mentioned in Annex no. 1 of the Government Decision no. 33/2018 regarding the establishment of contraventions falling under the Prevention Law no. 270/2017, as well as the model of the remediation plan[19]. In other words, the contravention amnesties will apply from the first finding of the facts, without the employer having a period to remedy the situation under a remedial plan.

Applying the Law on teleworking is intended to confirm whether its provisions respond to a greater or lesser extent to the expectations of employers and employees interested in such a flexible form of work organization.

 

Notes:

[1] I.T. Ştefănescu, Theoretical and Practical Treaty on Labour Law, 3rd Edition, Universul Juridic Publishing     House, Bucharest, 2014, p. 329; Dan Ţop, Lavinia Savu, The Need for Regulation in Romanian Legislation of the distance contract in “Fiat Iustitia”, no. 1/2015, pp. 129-133

[2] Draft Law no. 109 of 10 February 2014 amending and supplementing the Labour Code, published in the Official Gazette of Romania, Part 1, no. 173 of 11 March 2014

[3] Published in the Official Gazette of Romania, Part 1, no. 296 of 2 April 2018

[4] Dan Ţop, Labour Law Treaty, Wolters Kluwer Publishing House, Romania, Bucharest, 2008, p. 35.

[5] O. Macovei, Content of the individual labour contract, Lumina Lex Publishing House, Bucharest, 2004,  p. 178.

[6] Raluca Dimitriu, Labour Law. Anxiety of the present, Rentrop & Straton Publishing House, Bucharest,2016, p. 445

[7] Brânduşa Vartolomei, Teleworking- a new form of work organization in Dreptul no. 2/2008 pp. 62-70.

[8] I.T. Ştefănescu, Theoretical and Practical Treaty on Labour Law, 4th Edition, Universul Juridic Publishing House, Bucharest, 2017, p. 357.

[9] O. Ţinca, Concerns for Enhancing Social Dialogue in the European Union, Teleworking on Framework, in  ,,Commercial Law Review” no. 5/2003, p. 64.

[10] Dan Ţop, Labour Law Treaty, Bibliotheca publishing house, Târgovişte, 2015, p. 270

[11] O. Macovei, op. cit., p. 181.

[12] I.T. Ştefănescu, Theoretical and Practical Treaty on Labour Law … 2014, op. cit., p. 329

[13] Alexandru Ţiclea, Labour Law Treaty, 9th Edition, Universul Juridic Publishing House, Bucharest, 2015, p.377

[14] Ana Ştefănescu, Forms of work at home, in ,,Romanian Labour Law Review”, no. 3/2008, p. 76

[15] Alexandru Ţiclea, Treaty, op. cit, p. 378

[16] The requirements for the use of view screens are set out in the Directive no. 90/270 / C.E..,

published in the Official Journal of the European Union no. L 156 of 21 June 1990.

[17] Raluca Dimitriu, op. cit., p. 447

[18] Published in the Official Gazette of Romania, Part 1, no. 1037 of 28 December 2017

[19] Published in the Official Gazette of Romania, Part 1, no. 107 of 5 February 2018



STATUTE OF THE ASSOCIATION FOR STUDY PROFESSIONAL LABOUR RELATIONS

Art. 1. The Law no. 246/2005 and according to this Statute, “THE ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS”.

ART. 2 “ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS” is a private legal entity with non-patrimonial, independent purpose, organized according to the Law no. 246/2005, whose founding members are:

  1. ŢOP DĂNUŢI, Romanian citizen, holder of identity card DD nr.569096, domiciled in Târgovişte, Aleea Trandafirilor str. no. 16, bl. 10, ap. 46, Dâmboviţa County.
  2. MIHĂLĂCHIOIU MARIUS, Romanian citizen, holder of identity card DD series no. 449969, domiciled in Târgovişte, Mircea cel Bătrân Boulevard, Bl.5 A5, sc.i, ap.17.
  3. ALEXANDRU CONSTANTIN STELIAN, Romanian citizen, holder of ID card series DD, no. 499709, domiciled in Targoviste, Calea Domneasca nr. 333, Dâmboviţa County.

ART. 3 “ASSOCIATION FOR THE STUDY OF PROFESSIONAL RELATIONS OF EMPLOYMENT” is a Romanian legal person under private law, having the name reserved by the proof of the availability of the name with the number 149845 dated 16.12.2016 issued by the Ministry of Justice – Public Relations and Cooperation with NGO.

ART. 4. THE ASSOCIATION FOR THE STUDY OF PROFESSIONAL LABOUR RELATIONS “is a non-governmental, nonprofit, independent, public benefit association.

Article 5. Duration and location.

The association is established indefinitely and is based in Târgovişte ……

Art. 6. The Association may open subsidiaries in other localities or counties in the country or abroad; Can establish collaboration links with similar organizations or enter into unions or federations, other institutions and legal or physical persons from the country and abroad, in order to accomplish the proposed goal.

Article 7. Purpose.

The members of the “ASSOCIATION FOR THE STUDY OF PROFESSIONAL LABOUR RELATIONS” Association want to associate for:

  1. promoting the study of academic relationships from the academic point of view
  2. promoting the study of employment relations
  3. facilitating the dissemination of information on significant developments in research and education in the field of industrial relations;
  4. organizes congresses of symposiums and conferences on occupational relations;
  5. Academic source of information on industrial relations, social dialogue, decent work, collective bargaining and litigation.
  6. Stimulating and increase the quality of debate on industrial relations, effective social dialogue, decent work, fundamental rights of association and collective bargaining, both among the social partners, academia and the general public.

Art. 8. Activities.

In order to achieve the stated goal, the association proposes to carry out the following activities:

  1. Carrying out and publishing books, periodicals, leaflets, posters, brochures, software and other informational materials.
  2. Organization of training courses, seminars, conferences and public debates.
  3. Development of own programs and in partnership with the public authorities in the country and abroad.
  4. Other activities provided by law, according to the purpose of the association.
  5. Affiliation to other national and international organizations

Article 9. Members.

The association is composed of:

  1. A) Members;
  2. B) Honorary Members (without the right to vote);
  3. C) Volunteer collaborators;
  4. D) Employed personnel, according to the labour legislation;

A member of the “ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS” Association may become a member of any person who makes a written commitment to this effect. Membership is obtained by approving the adhesion by the Board of Directors. The quality of honorary membership is attributed by the Board of Directors to persons who have made an important contribution to the activity of the Association or who have had a special activity in the areas of interest of the Association. Exclusion of a member is made by the Board of Directors at the proposal of at least two members of the association.

Article 10. Rights and obligations of members.

Members of “ASSOCIATION FOR THE STUDY OF PROFESSIONAL LABOUR RELATIONS” have the following rights and obligations:

– To participate in the activities organized by the Association,

– To make proposals in the General Assembly;

– Choose and be elected in the governing bodies;

– Comply with the provisions of the Statute and the decisions of the governing bodies.

– To act to increase the prestige of the Association.

– Not to take actions that, by their nature, may damage the Association’s interests.

– To pay monthly a certain amount to be determined by the Board of Directors.

Article 11. Structure.

The governing body of the “ASSOCIATION FOR THE STUDY OF PROFESSIONAL LABOUR RELATIONS” is the General Assembly, made up of all the associates.

The executive body of the “ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS” is The Board of Directors.

The control body of the “ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS” is the censor of the Association.

The representative body of the “ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS” is represented by the President, Vice-President and Secretary General.

ART. 12 General Assembly.

The General Assembly is the governing body of the Association.

The General Assembly is made up of all members of the Association.

Article 13. Sittings of the General Assembly.

The General Assembly meets once a year in the ordinary session, and in extraordinary sessions whenever needed. The general assembly is legally constituted in the presence of half plus one of the members of the association.

ART. 14 Convening the General Assembly.

The Ordinary General Meeting is convened by the Board of Directors or by at least 1/3 of the number of associates, at least one week before the meeting, by written or telephone notice.

The Extraordinary General Meeting is convened by the Board of Directors or by at least 1/2 of the number of associates at least one week prior to the meeting by written or telephone notice.

ART. 15 The powers of the General Assembly.

The General Assembly has the following attributions:

  1. A) approving the strategy and general objectives of the association;
  2. B) approving the budget of revenues and expenditures and the annual financial statement;
  3. C) the election and revocation of the members of the Board of Directors and the President;
  4. D) the election and dismissal of the auditor or the Censors Commission;
  5. E) establishment of subsidiaries;
  6. F) modification of the constitutive act and the status of the association;
  7. G) dissolution and liquidation of the association; Determining the destination of the assets remaining after liquidation;



ACT OF INCORPORATION OF THE "ASSOCIATION FOR THE STUDY OF THE PROFESSIONAL LABOUR RELATIONS "

A) “ASSOCIATION FOR THE STUDY OF THE PROFESSIONAL LABOUR RELATIONS ”

is the legal entity of private law patrimonial purpose, independent, organized according to Law no. 246/2005, whose founding members are:
1. ȚOP DĂNUȚI, Romanian citizen, holder of identity card series DD nr.569096 residing in Targoviste, Rose Alley no. 16, bl. 10 ap. 46, Dambovita County
2. MIHĂLĂCHIOIU MARIUS, Romanian citizen, holder of identity card No. DD series. 449 969, residing in Targoviste, Blvd. Mircea cel Batran, Bl. A5, sc.1, Ap.17.
3. STELIAN ALEXANDRU CONSTANTIN, Romanian citizen, holder of identity card DD series, no. 499 709, residing in Targoviste, Royal Route no. 333, Dambovita County.
B) The name of the association is “ASSOCIATION FOR THE STUDY OF THE PROFESSIONAL LABOUR RELATIONS “, name reserved by proof of name availability with the number 149 845 of 16.12.2015 issued by the Ministry of Justice – Office of Public Relations and cooperation with NGOs.
C) Association members want to join and the aim proposed is labour relations and professional study in Romania a subsidiary of the Association International des Relations Professionnelles et du travail (ILERA)
D) Headquarters “ASSOCIATION FOR THE STUDY OF THE PROFESSIONAL LABOUR RELATIONS “is in Targoviste, Rose Alley, bl. 10 sc. Ap. 46, Dambovita county
E) The duration of the “ASSOCIATION FOR THE STUDY OF THE PROFESSIONAL LABOUR RELATIONS “is indefinite.
F) the date of incorporation Heritage “ASSOCIATION FOR THE STUDY OF THE PROFESSIONAL LABOUR RELATIONS “consists of original asset of the Association consist of contributions in the associates, how many 350 RON each associate, totaling 1050 RON.
G) The nominal composition of the first governing bodies, management and control of the association:
Council:
1. ȚOP DANUȚI – President;
2. ALEXANDRU CONSTANTIN STELIAN – Vice President;
3. MIHĂLĂCHIOIU MARIUS – general secretary;
4. Auditor: Nicolae Ungureanu Robertino, according to the authorization certified accountant Series C, no. 0020044, nr.30476 book, a Romanian citizen, holder of identity card issued by DD 479 586 SPCLEP Targoviste, personal identification number 1700316151803, residing in Sotanga village. Teis, str. Vânătorilor, No.90.

H) Persons empowered to carry out the procedure for acquiring legal personality:

1. ȚOP DANUȚI or 2. ALEXANDRU CONSTANTIN STELIAN.

FOUNDING MEMBERS:

ȚOP DANUȚI,
ALEXANDRU CONSTANTIN STELIAN,
MARIUS MIHĂLĂCHIOIU,

THE ASSOCIATION FOR THE STUDY OF PROFESSIONAL EMPLOYMENT RELATIONS (ASRPM) established in 2016 is a non-governmental, non-profit, independent, public benefit organization, with the purpose of:

– promoting the study of legal employment relationships and academicly applicable rules of law

– promoting the study of academic relations

– promoting the study of employment relations

– facilitating the dissemination of information on significant developments in research and education in the field of industrial relations;

– Congressional, symposium and conference-based conferences

Professional work;

– to be an academic source of information on industrial relations, social dialogue,

Decent work, collective bargaining and litigation.

– Stimulating and increasing the quality of industrial relations debates, effective social dialogue, decent work, fundamental rights of freedom of association and collective bargaining, both among social partners, the academic community and the general public.

In order to achieve the declared goal, the association proposes the following activities:

  1. Making and editing of books, periodicals, leaflets, posters, brochures, software and other informative materials.
  2. Organizing training courses, seminars, conferences and public debates.
  3. Development of own programs and in partnership with public authorities in the country and abroad.
  4. Other activities provided by law, according to the purpose of the association.
  5. Affiliation with other national and international organizations

Any person who gives a written submitting may become a member of the Association. Membership is obtained by approving the adhesion by the Board of Directors. The quality of honorary membership is attributed by the Board of Directors to persons who have made an important contribution to the activity of the Association or who have had a special activity in the areas of interest of the Association.

At present the Association has 20 members.

As of July 28, 2016, it is the National Association of ILERA (International Association for Labour and Labour Relations) and a full member of the Council of this organization, comprising 37 national associations around the world.



ROMÂNIA

TÂRGOVIŞTE COURT

DÂMBOVIŢA COUNTY

Bulevardul Unirii Str, no. 28

Telephone: 0245/615298

Fax: 0245/616909

FOLER NO. 2915/315/2016

CLOSE NO. 1717

Meeting of the council chamber from 05.05.2016

The court consisting of:

PRESIDENT: SIMONA CLAUDIA PREDA

REGISTRATOR: CERASELA GHEORGHE

 

The case is pending on the civil case having as its object the application for registration in the register of associations and foundations of the Targoviste Court, in order to acquire the legal personality, formulated by the petitioner Association for the Study of Professional Relationships, based in Târgovişte, Aleea Trandafirilor street, bl 10, sc. C, ap. 46,  Dâmboviţa County.

The application is stamped with a stamp fee of 100 lei.

At the nominal call made in the meeting room of the council chamber, Alexandru Constantin Stelian, was absent the authorized petitioner.

The request is judged by quoting the petitioner, the citation procedure being legally fulfilled.

The case report was made by the Registrar, who was informed by the fact that the petition’s constituent act and status had been filed.

The court remains in deliberation on the request made by the petitioner.

 

INSTANCE

On this demand.

By the application filed at the Târgovişte Court under no. 2915/315 of 06.04.2016, the petitioner, The Association for the Study of Professional Relationships, based in Târgovişte, Aleea Trandafirilor Street, bl. 10, sc. C, ap. 46, Dâmboviţa County, requested the court to order the registration of the association in the Register of Associations and Foundations of the Targoviste Court in order to acquire the legal personality.

The following documents were attached to the application: proof of the deposit of the initial patrimony in the amount of 1050 lei to Transilvania Bank SA, proof of the availability of the name issued by the Ministry of Justice – Communication and Public Relations Service, the constitutive act of the association, in three copies, the association status, in three copies, the contract of commodity concluded on 01.02.2016 between the named Top Dănuţi, as a comodant and the association, as a comodatar, copy of certificate of heirs no. 61 / 03.09.2015, fiscal record certificate and identity card copy for the founding members.

The application was legally stamped.

In law, the request was based on OG’s provisions. no. 26/2000.

By analyzing the documents submitted to the file, the court finds that the constitutive act and the status of the association are attested by a lawyer, according to the provisions of art. 6 par. 1 from O.G. 26/2000 and contain the stipulations under art. 6 par. 2 and 3, from the same normative act, under sanction of absolute nullity.

The purpose of the association is to study work and professional relationships in Romania.

From the commodity contract concluded on 01.02.2016 between the named Top Dănuţi, as a comodant and an association, as a comodatar, it results that the headquarters of the association is in Târgovişte, Aleea Trandafirilor Street, bl. 10, sc. C, ap. 46, Dâmboviţa County.

According to the provisions of art.8 of the Government Ordinance no.75 / 2001 on the organization and functioning of the fiscal record, the founding members filed the tax records issued on their name.

Ascertaining that the conditions for registration of the Association for the Study of Professional Relationships in the Register of Associations and Foundations are filled, as provided by O.G. no. 26/2000, the court will accept the claim as it was formulated.

Under the provisions of Art. 11 par. 2 from O.G. 26/2000 will order the communication of the Prosecutor’s Office attached to the Targoviste Court, a copy of the constitutive act, the statute of the association and of the present conclusion, while having the provisions of art. 8 par. 3 of O.G. no. 26/2000.

 

FOR THESE REASONS

IN THE NAME OF LAW

ORDERS

Accepts the request made by the petitioner The Association for the Study of Professional Relationships, based in Târgovişte, Aleea Trandafirilor Street, bl. 10, sc. C, ap. 46, Dâmboviţa County.

It orders the registration of the Association for the Study of Professional Relationships, based in Târgovişte, Aleea Trandafirilor Street, bl. 10, sc. C, ap. 46, Dâmboviţa County, in the Register of Associations and Foundations of the Targoviste Court, at the date of the final stay of the present, in order to acquire legal personality.

It has the communication to the Prosecutor’s Office attached to the Targovishte Court of a copy of the constitutive act, the status of the association and this conclusion.

Has the provisions of art. 8 par. 3 of O.G. 26/2000.

With right of appeal within 5 days of communication.

The application for appeal will be filed with the Târgovişte Court.

Pronounced in the in the meeting room of the council chamber on 05.05.2016 and read in the public meeting of the same date.

 

 

PRESIDENT,                                                               REGISTRATOR,

Red. S. P

Tehnored. S. P.

4 ex./06.05.2016

MEMBRII DE ONOARE

 

Prof dr. Martha Monsalve  Cuellar – Preşedinta  Asociaţiei pentru  relaţii de muncă din Columbia
Prof. Guillermo Ferriol  Molina  – Presidente   Sociedad Cubana de Derecho Laboral y de Securidad Social
Prof. dr.  Antonio Pedro Baylos Grau – Director al Centrului European si Latinoamerican pentru Dialog Social 
Prof. dr. Miryam de la Concepción González Rabanal  –  Universidad de Educación a Distancia, Madrid
Lect. dr. Edvana Tiri  – Mediterranean University of Albania, Tirana

 

MEMBRII ASOCIAȚIEI PENTRU STUDIUL

RELAȚIILOR PROFESIONALE DE MUNCĂ

 

 

1. Țop Dănuți – Universitatea Valahia – top.dan@gmail.com
2. Mihălăchiou Marius – Tribunalul Dâmbovița – mihalachioiu.marius@yahoo.com
3. Alexandru Constantin Stelian* – Consilier Instituția Prefectului Dâmbovița – ccstargoviste@gmail.com 
4. Ungureanu Nicolae Robertino – Cenzor ASRPM – robertinoungureanu@yahoo.com
5. Savu Lavinia – Universitatea Valahia – laviniasavu68@yahoo.com
6. Toma Cristian – Baroul Dâmbovița – tomaav2000@yahoo.com
7. Țop Dana – Universitatea Hyperion București – top.dana@yahoo.com
8. Cristea Liviu Ion – ITM Dâmbovița – liviu_cri@yahoo.com
9. Pădure Loredana – Universitatea Hyperion București – ninupadure@yahoo.com
10. Radu Popescu – SNSPA București – radupopescu77@gmail.com
11. Popoiag Dragoș – Tribunalul Dâmbovița – dragospopoiag@gmail.com
12. Eftene Florin – Tribunalul Dâmbovița – florineftene@yahoo.com
13. Bârlog Vasile – Tribunalul Dâmbovița – birlogv@gmail.com
14. Ștefănescu Ana – Universitatea Dunărea de Jos, Galați – ana.stefanescu@ugal.ro
15. Țiclea Alexandru – Universitatea Ecologică – alexandru_ticlea@yahoo.com
16. Enache Nicoleta – Universitatea Valahia – nicoletaenache73@yahoo.com
17. Țichindelean Mărioara – Universitatea Lucian Blaga, Sibiu – tmsib@yahoo.com
18. Georgescu Laura – Universitatea Ecologică – avlaurageorgescu@gmail.com
19. Pană Nicolae Silviu – Baroul Dâmbovița – bobo-tgv1@yahoo.com
20. Lăcraru Anca – Baroul București – anca.aldescu@yahoo.com

=======================================================================

21.  Dragodănescu Nicolae – Cartel Alfa – valahia 1@gmail.com
22. Iancu Ana-Maria Alexandra – Universitatea Valahia – annie_maria94@yahoo.com 
23. Stan Mariana – Baroul Bucuresti – av.marianastan@gmail.com
24  Maria Luiza Hrestic – Universitatea Valahia –  marrylou 1981@yahoo.com

 

 

 

*S-a ridicat calitatea de membru la cererea acestuia

 

 

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ASOCIAŢIA PENTRU STUDIUL RELAŢIILOR PROFESIONALE DE MUNCĂ

ASOCIAŢIA  Pentru studiul  relaţiilor profesionale  de muncă (ASRPM) constituită în anul 2016 este o asociaţie non-guvernamentală, nonprofit, independentă, cu beneficiu public, în scopul :

– promovării studiului relațiilor de muncă din punct de vedere academic

– promovării studiului  relațiilor privind ocuparea forței de muncă

– facilitării răspândirii de informații cu privire la evoluțiile semnificative în cercetare

și educație în domeniul relațiilor industriale;

– organizări de congrese, simpozioane și conferințe având ca tematică relațiile

profesionale de muncă;

– de a fi sursă academică de informaţii privind relaţiile industriale, dialogul social,

munca decentă, negocierile colective şi soluţionarea litigiilor.

– stimularea şi creşterea calităţii dezbaterilor privind relaţiile industriale, dialogul social eficient, munca decentă, drepturile fundamentale ale libertăţii de asociere şi negociere colectivă, atât în rândul partenerilor sociali, mediului academic, cât şi a publicului larg.

Pentru realizarea scopului declarat, asociația îşi propune realizarea următoarelor activităţi:

  1. Realizarea si editarea de cârti, publicații periodice, pliante, afișe, broșuri, programe informatice si alte materiale informative.
  2. Organizarea de cursuri de pregătire, seminarii, conferințe și dezbateri publice.
  3. Dezvoltarea de programe proprii şi în regim de parteneriat cu autoritățile publice din tara si străinătate.
  4. Alte activităţi prevăzute de lege, potrivit scopului asociației.
  5. Afilierea la alte organizații naționale şi internaționale

Poate deveni membru al Asociației orice persoana care depune o adeziune scrisa in acest sens. Calitatea de membru se dobândește prin aprobarea adeziunii de către Consiliul Director. Calitatea de membru de onoare se atribuie de către Consiliul Director persoanelor care si-au adus o contribuție importantă la desfășurarea activității Asociației sau care au avut o activitate deosebită în domeniile de interes ale Asociației.

In prezent Asociaţia are 25 de membrii.

Din 28 iulie 2016 este Asociaţie Naţională a ILERA (Asociația Internațională pentru Muncă și Relații de Muncă) şi membru cu drepturi depline în Consiliu acestei organizaţii care cuprinde 36 de asociaţii naţionale din întreaga lume.

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Descarcă adeziunea AICI.

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Act Constitutiv:

 

 

 

Vă rugăm să vizualizați mai jos documentul:

 

CONFERINŢĂ INTERNAŢIONALĂ

Program

Vă urăm Crăciun fericit, multă sănătate și împlinirea tuturor dorințelor în noul an

PROGRAM  CONFERINŢĂ  ON LINE 15 OCTOMBRIE 2020

Participarea la Conferinţă se poate face accesând următoarea adresă:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

 10.00 – 10.15  – Deschiderea conferinței – prezentarea participanților

Partea I- lb. română (10.15- 12.45)

Moderator: Dan ŢOP, Professor PhD

 10.15 – 10.30

Alexandru ŢICLEA, Professor PhD, Adelina DUŢU, PhD Lecturer – Additional work according to the rules and the jurisprudence of the European Union – Universitatea Ecologică- România

10.30 – 10.45

Dan ŢOP, Professor PhD – The individual labor contract in Romanian Law, 1950 Labour code regulations – UVT- România

10.45 – 11.00

Sorin Alexandru VERNEA, PhD – Rest time of the employee in the Romanian Labour Code of 1950. A historical perspective – Universitatea din Bucureşti- România

11.00 – 11.15

Radu Răzvan POPESCU, Associate Professor PhD – Practical aspects regarding the regulation of the employment relationship for contract staff from public institutions and authorities – SNSPA Bucureşti- România

 11.15 – 11.30

Magda VALLASEK, Senior Lecturer PhD – The Evolution of the Concept of Employee in the Mirror of the Romanian Labour Regulation – Universitatea Sapientia, Cluj Napoca- România

11.30 – 11.45

Andrei Radu DINCĂ, PhD – Material liability in the Romanian Labour Code. the evolution of regulation – Judecător Tribunalul Teleorman- România

 11.45 – 12.00

Ana Maria Alexandra IANCU, Student PhD – Protection of maternity at work according to the Labor Code of 1950 – ICJ Bucureşti-România

 12.00 – 12.15

 Candit VERNEA, Student PhD – Some particularities of employment contracts in insolvency proceedings provided by Law no. 85/2014 – Universitatea din Bucureşti- România

 12.15 – 12.30

Carmen NENU, Associate Professor PhD – The role and importance of the Labour Code in the social reality of Romania – Universitatea din Piteşti- România

 12.30 – 12.45

Concluzii Partea I- Dan ŢOP, Professor PhD

 

PAUZĂ- 15 MIN – 12.45-13.00

 

Partea II – lb. spaniolă 13.00- 14.00

Moderator: Nicoleta ENACHE, Lecturer PhD

El acceso se puede hacer accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunion: 323503 6823

13.00- 13.15

Nicoleta ENACHE, Lecturer PhD, Efectele pandemiei asupra lucrătorilor sezonieri.(The effects of the pandemic on seasonal workers ) – UVT- România

 13.15-13.30/ 12.15-12.30

Maria Soledad CAMPOS DIEZ, Associate Professor PhD – A century in the history of the right to strike in Spain – UCLM- Spania

13.30-13.45/ 12.30-12.45

Miryam de la Concepción González RABANAL, Professor PhD – El previsible impacto económico de los cambios del modelo de trabajo derivados de la Covid-19- UNED- Spania

 13.45-14.00/12.45-13.00

Tatsiana USHAKOVA, Professor PhD –  Present and Future of Protection against Poverty in the EU Law- University of Alcalá, Spain

 Concluzii Partea a II-a-  14.00-14.10

Nicoleta ENACHE, Lecturer PhD

 

PAUZĂ DE MASĂ 14.00-16.00

 

Partea a III-a 16.00-17.00- lb. engleză

Moderator: Edvana TIRI, Lecturer PhD

 

Access can be done by accessing the following coordinates:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

16.00 – 16.15 / 15,00-15,15

Edvana TIRI, Lecturer PhD –The colective contract of employment in Albania- Mediterranean University of Tirana, Albania

 16.15 – 16.30

Loredana PĂDURE, Associate Professor PhD – The importance of the Labour Code over time in Romania – Hyperion University of Bucharest, Romania

16.30 – 16.45/15.30-15.45

Valentina FRANCA, Associate Professor PhD – Collective rights and precarious workers: is there any room for codification? – University of Ljubljana, Slovenia

 16.45 – 17.00/15.45-16.00

Sandra TAVARES, Assistant Professor PhD.  –  Family protection in Portuguese labour law- Catholic University, Portugal

 Concluziile Partea a III-a 17.00-17.10

Edvana TIRI, Lecturer PhD.

  Partea a IV-a 17.15-19.00

lb. spaniolă

Moderator: Nicoleta ENACHE, Lecturer PhD

El acceso se puede hacer accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunión: 323503 6823

 17.15 – 17.30 /09.15-09.30

Julio Ismael CAMACHO SOLIS, Professor PhD – El trabajo digital en la pandemia de COVID 19 – Universidad Chiapas- Mexico

 17.30 – 17.45/09.30-09.45

Jean Jose TAMARONES Professor PhD – El cotexto laboral actual por Covid 19 en Colombia- Universidad Libre- Columbia

 17.45 – 18.00/09.45-10.00

Juan Manuel GOMEZ Professor PhD – Tendencias y retos del paradigma laboral post pandemia- UAEM- Mexico

 18.00 – 18.15/10.00-10.15

Oscar Samario HERNÁNDEZ Professor PhD – Institucion familia en Mexico de cara a la reforma laboral desafios y oportunidades- UAEM– Mexico

 18.15 – 18. 30/09.15-09.30

Isaac Nain Monge SEGURA, Costa Rica PhD – Los cambios sociales y laborales y sus implicaciones  en la justicia-Juez del Poder judicial de Costa Rica

 18.30-18.45/10.30-10.45

Martha Elisa MONSALVE CUELLAR, Professor PhD – How can Human Rights protect workers in the disruptive era or high technology ?- Instituto Latinoamericano de Derecho del Trabajo y de la Seguridad Social, Bogotá D.C, Columbia

 18.45 Concluzii generale

Dan ŢOP, Professor PhD

 

In atenția celor interesați de Conferința Internațională

70 YEARS FROM THE FIRST LABOUR CODE IN ROMANIA

      Deoarece Conferința nu s-a putut desfășura în luna mai 2020 datorită stării de urgență pentru prevenirea infectării cu COVID 19, Comitetul de organizare a decis reprogramarea ei pe data de  15 octombrie 2020, iar manifestarea se va desfășura online pe platforma Zoom

     Accesul se poate face la adresa: https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID  3235036823

COMITETUL DE ORGANIZARE

Aducem la cunoștința celor interesați următoarele

La 23 aprilie 2020, a fost încheiat  acordul de colaborare între CIELO Laboral și ASRPM pentru realizarea în comun a unei activități științifice specifice de mare complexitate, care include îndatoririle și drepturile ambelor părți, mai ales aspectele economice ale acestuia. Adeziunea entității care colaborează are loc, din momentul semnării prezentului acord de către ambele părți, cu un caracter temporar de 3 ani, la sfârșitul căruia, dacă niciuna dintre părți nu a denunțat, aderarea menționată este prelungită automat  pe o perioadă egală cu cea anterioară și așa mai departe. Pentru monitorizarea prezentului acord și orice problemă legată de colaborarea care decurge din acesta, o Comisie specifică este numită, integrată, pe de o parte, de reprezentantul entității colaboratoare, ASRPM, și, pe pe de altă parte, coordonatorul general al RED CIELO

       Datorită situației create de  virusul CONVID 19 și a măsurilor de securitate impuse de autorități, împreună cu ceilalți parteneri am decis amânarea Conferinței pentru toamna anului 2020.

        Vom face în timp util anunțul privind perioada de desfășurare a evenimentului.

           Comitetul de organizare

PROGRAMUL CONFERINŢEI
09:30 – 09:45 –  Primire invitați, speakeri și formatori
09: 45 – 10:00 – Deschiderea conferinței – prezentarea formatorilor, speakerilor și a participanților
Partea I
10:00 – 11:30
Conf. dr. Laura GEORGESCU, Universitatea Ecologică Bucureşti – Piața muncii în contextul dezvoltării sistemelor de Inteligență Artificială
Prof. dr.  Alexandru ŢICLEA, Universitatea Ecologică Bucureşti – Repausul săptămânal
Av. dr. Andrei SĂVESCU, Baroul Bucureşti –  Cutia Pandorei în Cloud
Lect. dr. Adelina Oana DUŢU, Universitatea Ecologică Bucureşti –  Contractul cu timp parțial
Prof. dr. Dan ŢOP, Universitatea Valahia din Târgovişte – Digitalizarea și viitorul dreptului muncii
Judecător drd. Adrian Remus GHICULESCU, Înalta Curte de Casație și Justiție – Considerații privind răspunderea disciplinară în dreptul individual al muncii
Judecător drd. Ioana Stoenac CÎRSTEA, Curtea de Apel Ploiești – Obiectul acordului de recunoaștere a vinovăției
11:30 – 12:00 – Pauză de cafea                                                            
12:00 – 13: 30
Partea  a  II-a
Asistent judiciar  Marinela DIDU, Tribunalul Dolj – Digitalizarea – un succes in aplicarea dreptului muncii venit ca o provocare a secolului XXI
Asistenți judiciari, Gioni Popa GAVRILOVICI, Cătălin FAGHIAN, Tribunalul Bacău – Legalitatea  grevei salariale  declanșate ca urmare a refuzului angajatorului  de a negocia Contractul colectiv de muncă –  conducerea procesului în lipsă, de la distanță, utilizând mijloace electronice și poștale
Judecător drd. Mihai Costin TOADER, Judecătoria Răcari – Tulburarea liniștii şi ordinii publice. Disociere între răspunderea contravențională și răspunderea penală
Judecător drd. Dragoş POPOIAG, Asistent judiciar dr. Marius MIHĂLĂCHIOIU, Tribunalul Dâmbovița – Influenta digitalizării asupra dreptului muncii
13: 30 – Dezbateri / Concluzii
14 : 00 – Masa de prânz

În perioada 4 – 6 aprilie 2019  s-a desfășurat la Târgovişte Conferința Internațională ,,100 YEARS OF ROMANIAN PRESENCE AT OIT”. Manifestarea a fost organizată de Asociația pentru Studiul Relațiilor Profesionale de Muncă, Centrul de Cercetări în Științe Juridice și Administrative al Universității Valahia din Târgovişte, Asociația Magistraților, Filiala Dâmbovița, Societatea Antreprenorială Studențească din Universitatea Valahia

La eveniment au participat cadre didactice universitare din: România ( Prof. dr. Alexandru Ţiclea, Prof. dr. Vlad Barbu, Prof. dr. Dan Ţop, Conf. dr. Septimiu Panainte, Conf. dr. Carmen Nenu,  Conf. dr. Loredana Pădure, Lect. dr. Nicoleta Enache, Lect. dr. Lavinia Savu)

     

Spania (Prof. Miryam de la Concepción González Rabanal,  Lect. Graţiela Florentina Moraru ), Portugalia ( Lect. Sandra Tavares), Italia  (Prof. Stefano Maria Corso), Albania ( Lect. dr. Edvana Tiri), doctoranzi ai Institutului de Cercetări Juridice al Academiei Române, studenți ai Universității Valahia din Târgovişte, magistrați și asistenți judiciari de la Tribunalele Dâmbovița și Dolj.

     

Au fost prezentate peste 20 de comunicări care au subliniat rolul și importanța OIM în domeniul relațiilor de muncă dar şi pentru dezvoltarea generală a societăți.

Președintele Comitetului de organizare

Prof. univ. dr. Dan  Ţop

FRAMEWORK COOPERATION AGREEMENT

BETWEEN

ADAPT, Association for International and Comparative Studies in Labour Law and Industrial Relations with registered office in Modena (ITALY), Viale Berengario n. 51, by Centre for International and Comparative Studies (DEAL) Marco Biagi Department of Economics, University of Modena and Reggio Emilia, F.C. 94091070360, represented by its President, Dr. Emmanuele Massagli, born in Monza, Milano, (ITALY) on 19th January 1983

AND

Association for the Study of the Professional Labour Relations, with registered office in Târgovişte (ROMANIA), Aleea Trandafirilor nr.16, bl. 10 ap. 46, F.C. 37001730, represented by its President, Professor Ph. D Dan Ţop, born in Târgovişte Romania on 26th November 1956

……………………………………………………………………………………………………………………………………………

This framework agreement will last for three years and the parties are enabled to terminate it
at any time after a three month written notice.
Date and place Modena, 28/01/2019
On behalf of ADAPT– Associazione per gli Studi Internazionali e Comparati sul Diritto del
Lavoro e sulle Relazioni Industriali (Italy)
The President, Dr. Emmanuele Massagli
…………………………………………………………………………………………………
On behalf of, Association for the Study of the Professional Labour Relations Târgovişte
Romania
Prof. dr. Dan Ţop

İzmir International Congress on Economics and Administrative Sciences IZCEAS ’18

        Dear Dan TOP, Dragos POPOIAG, Adrian GHICULESCU,
Your full paper titled “La Règlementation De La Responsabilité Administrative- Disciplinaire Dans Le Nouveau Code Administratif De La Roumanie” and presented at the congress, was nominated to be the “Best Paper” as a result of the evaluations made by the reviewers and the session chairman. As a result of the final evaluation made by our organization committee, it was selected as one of the “Best Paper”. We would like to thank you for your contributions to our congress and the science, and congratulate your success. Your best paper award certificate has been attached.

Best Regards.

IZCEAS ‘ 18 Organizasyon Komitesi
(Organizing Committee

Secretariatul Congresului Mondial ILERA 2018

5 dec. 2018, 06:36

Dragă Top DANUTI,

Acesta este Secretariatul Congresului Mondial ILERA 2018.

Dorim să ne exprimăm cea mai profundă apreciere pentru interesul sincer și participarea dvs. la Congresul Mondial ILERA 2018.

Sub tema “Ocuparea unei societăți durabile: ce trebuie făcut?”, Sute de lucrări remarcabile au fost prezentate în timpul congresului, având o discuție profundă pentru căutarea unei noi direcții în a patra revoluție industrială în rândul participanților din întreaga lume .

Pentru a ne aminti acest congres semnificativ, am publicat raportul congresului care conținea toate informațiile. Am dori să împărtășim acest raport cu dvs. și sperăm că acest raport este util pentru memorarea momentului valoros în timpul Congresului Mondial ILERA 2018 și pregătirii unui alt congres de succes.

Încă o dată, vă mulțumim cu toată inima față de dvs. pentru dedicarea timpului dvs. Congresului Mondial ILERA 2018 și îmbogățirea Congresului din acest an cu prezența voastră.

Mulțumesc.

Toate cele bune,

Secretariatul Congresului Mondial ILERA 2018

Stimați membri,

Vă informăm că începând din data de 25 mai 2018, au devenit aplicabile în mod direct, în toate statele Uniunii Europene, prevederile Regulamentului (UE) 2016/679 privind protecția persoanelor fizice în ceea ce privește prelucrarea datelor cu caracter personal și privind libera circulație a acestor date și de abrogare a Directivei 95/46/CE, adoptat de Parlamentul European și Consiliu în data de 27 aprilie 2016.

ASRPM prelucrează datele dvs. personale (nume, prenume, CNP, date de geolocalizare, adresă de telefon, adresă de e-mail) în temeiul adeziunii trimise Asociației, a prevederilor din Statut și pentru îndeplinirea obiectului de activitate al Asociației.

Vă asigurăm de faptul că datele dvs. personale sunt protejate prin măsuri specifice de securitate și că acestea sub nicio formă nu sunt înstrăinate sau oferite spre utilizare altor entități (de exemplu companii de marketing, vânzări etc.), fiind utilizate numai în scopul îndeplinirii obiectului de activitate al Asociației.

In conformitate cu dispozițiile Legii nr. 190/2018 privind măsurile de punere în aplicare a Regulamentului general privind protecția datelor personale, ASRPM ca organizație non-guvernamentală, vă garantează informarea, transparența informațiilor, a comunicărilor și a modalităților de exercitare a drepturilor dvs. precum și garantarea dreptului la rectificare și ștergere.

Consiliul Director

ASRPM A FOST PREZENTĂ  LA CONGRESUL MONDIAL DE LA SEOUL, COREEA DE SUD

In perioada 23 27 iulie 2018 s-a desfăşurat la Seoul, Coreea de Sud, al XVIII-lea Congres Mondial al Asociației Internaționale pentru Muncă și Relații de Muncă – ILERA, cu tema  Employment for a Sustainable Society: What Is To Be Done? (Ce ar trebui făcut pentru ocuparea forței de muncă  într-o societate durabilă?) care a reunit peste 2300 de participanți din 62 de țâri, de pe toate continentele.

In cadrul sesiunilor de comunicări Asociația pentru Studiul Relațiilor Profesionale de Muncă, una din cele 48 de asociații naționale membre ILERA,  a prezentat aspecte privind Employment contract and working time flexibility, and its efficient management in Romania (Contractul de muncă și flexibilitatea timpului de lucru, precum și gestionarea eficientă a acestuia în România) elaborate de prof.univ. dr. Alexandru Ţiclea și prof.univ.dr. Dan  Ţop.

Thank you for your participation
Dear Distinguished Participant,
On behalf of the International Labour and Employment Relations Association (ILERA), I would like to express my sincere appreciation for your participation in the 18th International Labour and Employment Relations Association (ILERA) World Congress, held from 23 to 27 July 2018 in Seoul, Korea.
I am delighted at the successful conclusion of the ILERA World Congress 2018 which brought together 2,396 distinguished participants to discuss current issues, and explore how to promote personnel and material exchanges for Employment for a Sustainable Society.
Under the theme of ‘Employment for a Sustainable Society: What Is To Be Done?,’ the Seoul Congress featured 157 sessions, serving as a significant venue for the discussion and exchange of ideas and insights.
As part of efforts to reminisce about these valuable moments, we will soon upload all the pictures taken during the Congress and the list of participants onto our official website.
Once again, I extend my heartfelt gratitude to you for dedicating your time to the ILERA World Congress 2018 and enriching this year’s Congress with your presence. I hope to see you again in the future. In the meantime, please accept my best wishes for continued success in your endeavors.
Thank you.
Sincerely yours,
Prof. Dong-One Kim
17th President of ILERA

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