Browsing by Author "Romandaș, Nicolae"

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ARMONIZAREA LEGISLAŢIEI NAŢIONALE PRIVIND SECURITATEA ŞI SĂNĂTATEA ÎN ACTIVITATEA DE MUNCĂ A TINERILOR SALARIAŢI
(2006) Romandaș, Nicolae
The anticle deals with an analysis of steps undertacer by Romania in the last period on the way to harmonize the national legislation with the community one in the fied of security and labour health, focusing on youths as a vulnerable category of wage-earners from the point of security and labour health.
ASPECTE CONCEPTUALE PRIVIND SISTEMUL DE SERVICII SOCIALE DIN REPUBLICA MOLDOVA
(2019) Romandaș, Nicolae; Sacara, Ana
Prezentul articol cuprinde o analiză complexă a sistemului de servicii sociale prestate în Republica Moldova. În acest context, s-a efectuat o cercetare amplă a definițiilor, trăsăturilor caracteristice, precum şi a scopului urmărit de autorităţile publice în procesul acordării serviciilor sociale primare, specializate şi cu specializare înaltă. De asemenea au fost examinate aspectle ce ţin de dezvoltarea şi perfecţionarea tipurilor de servicii sociale şi necesitatea prestării unor servicii sociale accesibile persoanelor aflate în dificultate.
AVANTAJELE MEDIERII ÎN RAPORT CU ALTE MODALITĂŢI DE SOLUŢIONARE A CONFLICTELOR CIVILE
(Academia de Administrație Publică, 2011-05-24) Prutean, Lilian; Romandaș, Nicolae
Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation can not guarantee specific results, there are trends that are characteristic of mediation. Below is a list of some of the benefits of mediation, broadly considered. The mediator does not decide who is right or wrong or issue a decision. Instead, the mediator helps the parties work out their own solutions to problems.
BAZA NORMATIVĂ A REGLEMENTĂRII RAPORTURILOR DE MUNCĂ ÎN CADRUL AUTORITĂŢILOR PUBLICE
(Academia de Administrație Publică, 2011-05-24) Josanu, Ilona; Romandaș, Nicolae
The normative framework for the regulation of labour relations of public servants unlike the multitude of other categories of employees is much more complex, which means comprehensive approach towards this domain. Although the above-mentioned relationships are regulated both by international norms, especially International Labour Organization Conventions ratified by the Republic of Moldova, and national laws, we should mention the important role of acts subordinated to the law: e.g Government decisions and regulations. Because of the dichotomy of public servants’ labour relations, the Labour Code provisions shall be applied alongside with the norms stipulated in the Law on public service and the status of public servants and other special regulations, interacting and complementing each other. The overall objective of this article is to outline the general normative framework of public servants’ labour relations, emphasise the role of specific laws and regulations applicable and explain main differences in legal terms.
CARACTERELE SPECIFICE ALE DREPTULUI LA ODIHNĂ ܇ȘI DREPTULUI LA GREVĂ
(Academia de Administrație Publică, 2016-02-26) Romandaș, Nicolae; Platon, Lilian
The right to rest is consequence of the right to work and allows citizens to rebuild depleted force in the labour process, to have the free time to rest, to complete the preparation of professional and scientific and cultural, to participate in political life, social, sportive. Those who work are entitled to weekly rest and to annual paid leave, rest. The duration of the annual holiday of rest, as well as the amount of indemnities, are determined by law, and in relation to some clear criteria, such as type and category of work, length of service, salary level. The right to strike can be viewed as a way to defend the right to work, and the ways to defend the law in the context of a strike can be considered as the means, conditions that provide a wider protection and represents a guarantee of condition of human right in society.
CETĂȚENII STRĂINI CU DREPT DE MUNCĂ PE TERITORIUL REPUBLICII MOLDOVA CARE NU AU STATUT DE LUCRĂTORI IMIGRANȚI ŞI NU CAD SUB INCIDENȚA LEGII
(2016) Romandaș, Nicolae; Furculiță, Andrei
Among foreigners (foreign citizens or stateless persons), who legally reside on the territory of Republic of Moldova for work purposes, there are several categories of such persons who, in reality benefit of a special legal status being regulated by other legal acts than those regulating labour migration. In the Law of Moldova no. 180 on labour migration, there are identified 12 categories of foreigners who do not fall under this law and therefore cannot be treated as migrant workers. In our paper, we classified these categories of foreigners in four blocks as follows: a) based on a particular profession, activity; b) according to a profession and a determined period of activity in the Republic of Moldova; c) depending on the conditions of the international treaty and d) depending on other circumstances.
CONSIDERAŢII DOCTRINARE PRIVIND FUNCŢIILE PROTECŢIEI SOCIALE
(2009) Odinokaia, Ina; Romandaș, Nicolae
Cet article représente une incursion dans la littérature de spécialité russe et moldave par l’intermédiaire de laquelle nous avons réalise cet étude, qui comprend la fonction de la sécurité sociale, l’étude de laquelle nous permet de mettre en relief le spectre des problèmes sociaux et les voies adéquats dans leur solution. L’analyse réalisée nous a permis de définir la fonction de la sécurité sociale et de mettre en évidence ses traits et classifications définitoires.
CONSIDERAŢII GENERALE PRIVIND CAPACITATEA JURIDICĂ DE MUNCĂ A SALARIATULUI
(S.C. Elan-Poligraf SRL, 2013-05-20) Romandaș, Nicolae; Boișteanu, Eduard
In this article, the authors have approached the labour legal capacity of the employee. Thus, it was mentioned that, unlike civil legal capacity, the legal capacity subjected to the research, has an unitary character, and therefore, it cannot be fragmented in the ability of use and of exercise. However, the authors have analyzed the basic conditions of labor legal capacity, and especially: the age and the volitional criterion.
CONSIDERAŢII PRIVIND DREPTUL SALARIATULUI LA RESPECTUL VIEŢII PRIVATE LA LOCUL DE MUNCĂ
(2015) Boișteanu, Eduard; Romandaș, Nicolae
At the origin of privacy regulation and establish an adequate system of data protection lies the need for individuals to independently establish what they themselves can reveal himself. But privacy can not be regarded as an absolute right, and when faced with fundamental rights (freedom of expression, guaranteed by the provisions of art. 32 of the Constitution) must find a balance in respect thereof, being of equal importance. Thus, by this article is proposed to evidence the necessity to establish a balance between the rights from labour field with those from personal field.
CONSIDERAŢII REFERITOARE LA CONEXIUNEA NOŢIUNILOR DE PROTECŢIE SOCIALĂ ŞI SECURITATE SOCIALĂ
(2009) Odinokaia, Ina; Romandaș, Nicolae
Social protection refers to a set of benefits available (or not available) from the state, market, civil society and households, or through a combination of these agencies, to the individual/households to reduce multi-dimensional deprivation. This multi-dimensional deprivation could be affecting less active poor persons (e.g. the elderly, disabled) and active poor persons (e.g. unemployed). This broad framework makes this concept more acceptable in developing countries than the concept of social security. Social security is more applicable in the conditions, where large numbers of citizens depend on the formal economy for their livelihood. Through a defined contribution, this social security may be managed. But, in the context of wide spread informal economy, formal social security arrangements are almost absent for the vast majority of the working population. Besides, in developing countries, the state’s capacity to reach the vast majority of the poor people may be limited because of its limited resources. In such a context, multiple agencies that could provide for social protection is important for policy consideration. The framework of social protection is thus capable of holding the state responsible to provide for the poorest sections by regulating non-state agencies.
CONSTITUIREA SINDICATELOR - BAZA DREPTULUI CONSTITUŢIONAL DE ASOCIERE
(2008) Romandaș, Nicolae
According to the Law on Syndicates (No.1129-XIV/2000), Trade Unions are defined as social organizations formed on benevolent principles of entities united by common interests, including the ones that deal with their activity and which are constituted in the aim of defending the professional, economic, labour and social collective and individual rights and interests. The present article reveals the fact that according to the legislation in force different categories of people can form a syndicate. Employees, public functionaries, free lance professionals (lawyers, notaries) etc can be among these. Neither the Code on Labour of January 28, 2003, nor the Law on Syndicates restricts the citizens’ rights to associate in trade unions.
CONTRACTUL INDIVIDUAL DE MUNCĂ – CONDIȚIE FUNDAMENTALĂ A REGLEMENTĂRII RAPORTURILOR JURIDICE DE MUNCĂ
(2017) Romandaș, Nicolae; Gamureac, Alexandru
This article contains the description and analysis of the most important institution of labour law – the individual employment contract. At the same time, we analyze the nature of the individual employment contract, the instruments that should be concluded by employers according to the labour law. Also, the article describes the main doctrinal opinions that ware used to elucidate the concept of the individual employment contract.
CRIMINAL LIABILITY IN CASE OF INFRINGEMENT OF THE RULES ON OCCUPATIONAL SAFETY AND HEALTH AND THE OCCURRENCE OF ACCIDENTS AT WORK – SUBJECTS OF THE OFFENSES
(EDP Sciences, 2019-06-05) Popescu, Ioan; Romandaș, Nicolae; Lohan, Nicoleta-Monica; Albulescu, Andrei George; Mihalache, Elena; Baciu, Constantin
This paper presents some specific aspects regarding criminal liability in case of infringement of the rules on occupational safety and health (OSH) and the occurrence of work accidents, referring to the object and subject of the offense according to the provisions of articles 349 and 350 of Law no. 286/2009 and of Law no. 319/2006. There are determined the active and the passive subjects involved in the occurrence of events, as well as their duties and obligations in terms of safety and health at work. Personal considerations were formulated regarding the classification of the employed staff in the category of active subjects, but also regarding the need for urgent clarification of the situation of the day workers who perform activities under Law no. 52/2011 and who can be involved in work accidents with different degrees of seriousness produced within the company.
DREPTUL DE NEGOCIERE COLECTIVĂ PRIN PRISMA INSTRUMENTELOR INTERNAŢIONALE ŞI A LEGISLAŢIEI NAŢIONALE A REPUBLICII MOLDOVA
(2013) Romandaș, Nicolae; Boișteanu, Eduard
The right of workers to bargain collectively is a fundamental right, which is recognized in the Constitution of the International Labour Organisation (ILO) and the Declaration of Philadelphia annexed to the ILO Constitution. The legal protection of the right to collective bargaining is the key to the representation of collective interests. It builds on freedom of association and renders collective representation meaningful. Collective bargaining can play an important role in enhancing enterprise performance, managing change and building harmonious industrial relations. In this connection, the author of the given research paper has elucidated the legal institute of the collective bargaining according to the ILO Conventions and the labour legislation of Republic Moldova.
ESENŢA PROTECŢIEI (SECURITĂŢII) SOCIALE – INDICATOR AL POLITICII SOCIALE A STATULUI
(2011) Proca, Ludmila; Romandaș, Nicolae
Social insurance, as a subsystem of social protection, is founded, controlled and guaranteed by the state and based on the principle of contribution. The social insurance benefits are financed from the bud- get of the public system of social insurance of the National Social Insurance House. Social assistance is a component part of he social protection system and includes a whole of insurance benefits delivered in monetary form or in kind, health services, social services, other forms of social and professional recovery etc. Financing is provided from the state budget, local budgets and other sources (extra budgetary funds, donations, sponsorship or contributions paid by the beneficiary).
EVOLUŢIA INSTITUŢIEI SUPRAVEGHERII ŞI CONTROLULUI PRIVIND RESPECTAREA LEGISLAŢIEI MUNCII
(2011) Păscăluță, Felicia; Romandaș, Nicolae
The state regulates the health and safety system. It determines the obligations for the employers, employees, organs involved in these tasks and other participants in work processes. That’s why Labour inspection is focused to execute controls at the enterprise, to investigate work accidents, to examine the complaints, to assist individuals and enterprises in methodological and consultative help.
EVАLUАREА FАСTORILOR DE RISС - MĂSURĂ DE PREVENIRE А АССIDENTELOR DE MUNСĂ ŞI BOLILOR PROFESIONАLE
(S.C. Garamont-Studio SRL, 2016-05-20) Romandaș, Nicolae
This presentation focuses on the risk factors assessment – as a measure for occupational accidents and diseases prevention. Initially, we analysed the risk assessment, which is a process of estimating the risks to which workers’ health and safety are exposed to due to existing occupational hazards. We highlighted the risk factors assessment methods used internationally. In this context, we analysed the occupational risk factors assessment methods.
INSPECTORATUL DE STAT AL MUNCII – AUTORITATEA DE SPECIALITATE CU ATRIBUŢII DE SUPRAVEGHERE ŞI CONTROL ÎN DOMENIUL SECURITĂŢII ŞI SĂNĂTĂŢII MUNCII
(2016) Romandaș, Nicolae; Păscăluță, Felicia
In present, State Labour Inspectorate is the main supervisory body in health and safety at the work, and has all the rights to exercise an efficient control in order to target the compliance of employers of legal regulations which aim mentioned sphere. Therefore, the mechanism which involves changes in work culture, the most important from of them which refers to security and healthy of work place, take place in our society for harmonization and labor market adjustment. It is obviously that more units start to realize that human resources are most important capital of an organization and is the decisive factor in the production process. That’s why employers should be conscious about the fact that security of an employee it’s not an expanse, but a necessary investment to avoid some costs, direct or indirect caused by work stoppages in the case of a serious and imminent danger or in cases the most unfortunate, the consequences of accidents at work and occupational diseases.
INSTITUIREA FORMELOR MODERNE DE CONTROL ADMINISTRATIV AL ACTIVITĂŢII AUTORITĂŢILOR ADMINISTRAŢIEI PUBLICE LOCALE
(Academia de Administrație Publică, 2011-05-24) Guznac, Valentin; Romandaș, Nicolae
Release of scientific topics is extremely important for an efficient and prolific activity of local public administration authorities. Diverse forms of administrative control, such as control of administrative supervision, hierarchical control, control of opportunity, judicial review has come to complete and consolidate work of local public authorities in ratio to the national legal framework. Both the country’s constitution as well as legislative acts pertaining to the field, clearly determine the role and responsibilities of state institutions inthe 1st process of organizing and running it to the PLA. In the press release are quite trenchantly exposed legal and administrative mechanisms of control in various aspects as well as the possibilities of PLA in carrying out administrative act on the local level. The work has scientific valueand interest to researchers and captivated individuals.
INTERZICEREA DISCRIMINĂRII VĂZUTĂ PRIN PRISMA CONVENŢIEI EUROPENE PENTRU APĂRAREA DREPTURILOR ŞI LIBERTĂŢILOR FUNDAMENTALE
(Academia de Administrație Publică, 2011-05-24) Romandaș, Nicolae
In the communication: “The interdicting of the discrimination seen through the light of The European Convention for the defense of fundamental rights and freedoms” it was made an analysis of The European Convention for the human rights, that interdicts the discrimination that affects the society. In this regard there were analyzed the mechanisms for the elimination of the phenomenon of discrimination and for the promotion of the fight against the discrimination especially.