Facultatea de Drept / Faculty of Law
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Item REFLECȚII PRIVIND ACCIDENTELE DE MUNCĂ(2012) Untila, Natalia; Romandaș, NicolaeEach of us is or will be employee or employer. From this reason the study and the creation of the best healthy and comfortable working conditions is a priority for both parties. Following the above mentioned, we can say that it is necessary to elaborate and implement a national working program in the health and safety area for the optimization and connection of the work health and safety policy in accordance to the labor standards of the European Union. It should include: goals, objectives and indicators of progress in the safety area of the workplace, implemented by the central and local administration bodies.Item UNELE REGLEMENTĂRI PRIVIND IMPEDIMENTELE ABSOLUTE ȘI INCOMPATIBILITĂŢI LEGALE ÎN PROCESUL EXERCITĂRII DREPTULUI LA MUNCĂ(CEP USM, 2022-05-20) Romandaș, NicolaeThis article is dedicated to absolute and legal incompatibilties in the process of enforcement of the right to work. Initially it was made a delimitation between the notion absolute liability and legal incompatibilities in the process of enforcing the right to work. In this content there was made a reference to the legislation, to the specialty literature, doctrine, Convenention of international labour organization. The research of this subject made us to deduce that the nations of implementation are used as a result of impairment of the legal work capacity or deprivation of capacity to exercise it by final decision of the court legal incompatibilities in the process of enforcing the right to work occur as a result of the establishment of prohibitions by law to practice in certain filds of activity. So it is conditioned by some legal reqeurements. They refer only to certain categories of people and are often specific only to certain positions.Item UNELE REGLEMENTĂRI PRIVIND STATUTUL SALARIATULUI ÎN CALITATE DE SUBIECT AL DREPTULUI MUNCII(Print-Caro SRL, 2021) Romandaș, Nicolae; Boișteanu, EduardThe article presents an extensive research of the legal status of the employee as a subject of labor law. In this context, we refer to the national legislation, the legislation of other countries, the legal doctrine and the European legal practice. The notion of em- ployee is commented and the interference between civil capacity and work capacity, the common sides and delimitations are highlighted. Other authors’ opinions are exposed vis-à-vis the discussed topic. The legal effects, which arise as consequence of recogniti- on of limited or reduced legal capacities, are touched upon.Item UNELE REFLECȚII PRIVIND PARTICULARITĂŢILE JURIDICE ALE ASISTENŢEI SOCIALE ÎN REPUBLICA MOLDOVA(2022) Romandaș, Nicolae; Sacara, AnaIn the conducted research, the legal features of social assistance in the Republic of Moldova were identified and highlighted the importance of this law institution in the harmonious development of any society. Moreover, the impact of social policies on the living standards of social assistance beneficiaries and their development prospects according to the social standards established at international level were assessed.Item REGLEMENTĂRI PRIVIND PROCEDURA DE ATESTARE A SALARIAŢILOR(2011) Lungu, Adrian; Romandaș, NicolaeIn this study we present an analysis concerning the procedure of attestation of salaries. Now in Republic of Moldova there is not an adequate normative framework, which would regulate the mode of attestation of unit salaries, these creating difficulties in the implementation in practice of Labor Code provisions. Examples are brought of Regulations elaborated by some enterprises for the attestation of salaries. With that end in view, an Attestation committee is created to establish the appreciation criteria of salaries. The existing litigations in the attestation of salaries of the unit are considered as individual labor litigations and are solved in the mode established by the Labor Code.Item REPREZENTAREA SOCIALĂ A PERSOANELOR CU DIZABILITĂȚI. ASPECT COMPARATIV(Tipografia Print-Caro, 2021-05-21) Malinche, Diana Mihaela; Romandaș, NicolaeSociety began to perceive disability from a human rights perspective with the adoption of the Convention on the Rights of Persons with Disabilities in 2008 by the United Nations, thus providing people with disabilities the necessary support to recognize and enforce the universal human rights. The Convention thus forms the fundamental basis for the implementation of policies to combat discrimination against persons with disabilities at international level.Item UNELE REPERE CU PRIVIRE LA MUNCA FORŢATĂ (REGLEMENTĂRI NAȚIONALE ȘI INTERNAŢIONALE)(Tipografia Print-Caro, 2021-05-21) Romandaș, NicolaeIn this article, a comprehensive analysis of the subject of forced labor through national and international legislation was made. In particular, reference was made to the ILO Conventions, the European Convention on Human Rights, etc. An interpretation of the concept of forced labor has been made, which combines several elements and, as a result, the difference between the notion of compulsory labor and that of forced labor has been established to prove the existence of forced labor. Also, the reasons for the imposition of forced labor and the cases attributed by the labor legislation to the concept of forced labor, including the work of minors were commented on.Item PREZENTARE DE CARTE. DREPTUL PROTECŢIEI SOCIALE(2011) Romandaș, NicolaeItem 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, ConstantinThis 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.Item CARACTERELE SPECIFICE ALE DREPTULUI LA ODIHNĂ ܇ȘI DREPTULUI LA GREVĂ(Academia de Administrație Publică, 2016-02-26) Romandaș, Nicolae; Platon, LilianThe 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.