Facultatea de Drept / Faculty of Law
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Item ASPECTELE PRACTICE REFERITOARE LA SOLUȚIONAREA LITIGIILOR INDIVIDUALE DE MUNCĂ DE CĂTRE INSTANȚA DE JUDECATĂ(CEP USM, 2024-11-07) Macovei, Tatiana; Macovei, GheorgheLabor disputes that have not been settled amicably by the employer and the employee can be settled by the court if the employee applies for a summons. in this communication we propose to address the most important aspects that refer to the resolution of individual labor disputes by the court. In the vast majority of cases, employees have the status of plaintiff when examining individual labor disputes, employers have the status of employee only in one category of litigation - bringing employees to material liability.Item INTERVIUL DE ANGAJARE CU TENTE DISCRIMINATORII DUPĂ CRITERIUL DE GEN(CEP USM, 2024-11-07) Macovei, TatianaEveryone has the right to work regardless of whether they are men or women. labor law prohibits discrimination based on gender. Any employment interview must exclude any discrimination questions or tests based on sex. Any question asked in a job interview should aim to determine whether the candidate is suitable for the job they are applying for. In this communication we aim to identify discriminatory issues based on gender in the job interview, identify questions with a discriminatory tone, as well as the ways to defend yourself if a woman is a victim of a discriminatory job interview based on the criteria of sex.Item PRINCIPIUL REMUNERĂRII EGALE PENTRU O MUNCĂ DE VALOARE EGALĂ(„Garamont-Studio” SRL, 2012-05-22) Macovei, TatianaInternational standards of labor and gender equality in the payroll employees by the principle „equal pay for equal work or work of equal value”, means that work must be assessed according to objective criteria, regardless of who performs it - a man or a woman. Equal pay is not exclusively wages. The pay includes the basic salary and different supplements, such as premiums, overtime work, payment for sick leave, etc.Item TRANSPUNEREA DREPTULUI PRIVIND INTERZICEREA MUNCII FORȚATE DIN CONVENȚIA EUROPEANĂ A DREPTURILOR OMULUI ÎN CODUL PENAL AL REPUBLICII MOLDOVA(CEP USM, 2021-03-25) Macovei, TatianaLabor freedom is guaranteed by the European Convention of Human Rights. Everyone shall have the right to free choice of an occupation or type of work. No one, during the life, can be forced to work or not to work in a particular job or a certain profession, whatever they may be. Forced labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. Forced labour is universally condemned; the ILO recently estimated that at least 12.3 million people are victims of forced labour worldwide. For many governments around the world the elimination of forced labour remains an important challenge for the 21st century. Not only is forced labour a serious violation of a fundamental human right, it is a leading cause of poverty and a hindrance to economic development. ILO standards on forced labour, in combination with targeted technical assistance, are the primary international tools for combating this scourge.Item RĂSPUNDEREA PENALĂ PENTRU HĂRŢUIREA SEXUALĂ A SALARIAŢILOR(CEP USM, 2021-03-25) Macovei, TatianaSexual harassment represents threat, coercion, and intimidation, humiliation, exercised by one person against another. These behaviors are sexual and can be verbal, non-verbal or physical. Usually, the person who harasses, abuses his/her work position, in order to obtain certain benefits from the person who is being sexually harassed. The effects of such behaviors are negative and affect both the harassed person and the organization where he/ she works, especially because the individual performance decreases and the negotiation of aspects regarding promotion, training, payment, etc. are no longer objective processes, but are affected/influenced by negative behaviors of the harassed person.Item INTERZICEREA DISCRIMINĂRII DE GEN LA FORMAREA ŞI PERFECŢIONAREA PROFESIONALĂ A SALARIATELOR(Academia de Administrație Publică, 2014) Macovei, TatianaThe concept of the glass ceiling has been used as a metaphor for twenty years now to describe the apparently invisible barriers that prevent more than a few women from reaching the top levels of management. Compared to formal barriers to career advancement such as education, the glass ceiling refers to less tangible hindrances – frequently anchored in culture, society and psychological factors – that impede women’s advancement to upper management or other senior positions.Item STOP VIOLENŢEI PSIHICE LA LOCUL DE MUNCĂ!(Elan-Poligraf SRL, 2013-05-20) Macovei, TatianaAccording to the international labor rules mobbing phenomene are qualified as severe attacks to the fundamental principles of equality and dignity respect at work.http://www.e-legislatie.ro/ Mobbing in the context of human beings means bullying of an individual by a group in any context, such as a family, school, workplace, neighborhood, or community. When it occurs as emotional abuse in the workplace, such as „ganging up” by co-workers, subordinates or superiors, to force someone out of the workplace through rumor, intimidation, humiliation, discrediting, and isolation, it is also referred to as malicious, nonsexual, nonracial, general harassment Workplace harassment takes the form of repeated behavior, unjustifiably against an employee or group of employees which aims victimizing, humiliating, undermining or threatening the person harassed.Item CĂILE DE ASIGURARE A DISCIPLINEI MUNCII ÎN CADRUL UNITĂȚII(Academia de Administrație Publică, 2019-03-01) Macovei, Tatiana,,Disciplinary action” can take many forms. It should be seen primarily as a corrective measure, aimed at preventing further misconduct or poor performance. Sometimes, an employer might need to raise more serious concerns with an employee. In these cases, the employer may wish to commence “disciplinary action”. To be lawful, disciplinary action must be fair and reasonable in all the circumstances. There are two aspects to this: the employermust have good reason for the dismissal or disciplinary action, and the employer must follow a fair process in reaching and implementing its decision.Item CONTROVERSE PRIVIND MUNCA DE NOAPTE A SALARIATELOR(Elan-Poligraf, 2014-05-23) Macovei, TatianaToday, social progress together with economic development and technological advancement have not only proved too „protective” laws to be wrong, but have seen women enter the workforce in massive numbers around the world. Yet debate still rages in many countries over the benefits or liabilities of special protective labour legislation for women. Evidence of the impact of night work on female reproductive health as presented in the current literature is inconclusive. Moreover, available evidence needs to be interpreted with caution, given the various limitations and inconsistencies among the studies in the measurement of night-work exposure and shift-work patterns. Studies that focus specifically on night work are needed to facilitate an understanding of the impact of circadian disruption on the reproductive health of women undertaking night work.Item PROTECŢIA VIEŢII PRIVATE A SALARIATULUI LA LOCUL DE MUNCĂ(CEP USM, 2019-05-17) Macovei, TatianaAll employers will collect and use personal data belonging to job applicants, employees or workers and, as a result, are required to comply with laws which are designed to protect the processing of this data in the Republic of Moldova. By having an employee data protection policy, an employer can reduce the risk of claims for failing to comply with these laws and give itself greater flexibility to monitor an employee’s use of email, the internet and other devices where necessary. Employees’ personal data should be kept safe, secure and up to date by an employer. Data an employer can keep about an employee includes: name, address, date of birth, sex, education and qualifications, work experience, national insurance number, tax code, details of any known disability, emergency contact details.