REFLECTIONS REGARDING THE ENFORCEMENT OF THE PREVENTION LAW IN THE AREA OF EMPLOYMENTS RELATIONSHIPS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The Law no 270/2017 - Prevention Act is an inedited step in the Romanian legislation. For the first time in Romanian legislation, the ascertaining agent of a contravention has the obligation to establish several remedial measurements in order to clarify the legal framework of their specific activity. Because of the numerous contraventions regulated by the labor legislation, the Prevention Act concerns all the employers. Within the present paper, the author indicates the specific Labor law contraventions which permit the application of the Prevention Act and the contraventions which are incompatible with this Law. In the matter of contraventional liability, the relation between the public body responsible for control and enforcement, on the one hand, and the subject of law whose activity is to be checked in order to make sure that it complies with the law, on the other hand, involves a median element between the full compliance situation (abiding by the applicable legal provisions) and the non-compliance situation (not abiding by the rules is punishable by a civil fine). As in other areas covered by contraventional sanctioning, as far as employment relationships are concerned, the legislator elected a small number of contraventions to which the special rules provided for by the Prevention Law could be applied.
Authors and Affiliations
Aurelian Gabriel ULUITU
Keywords
Related Articles
- EP ID EP303629
- DOI -
- Views 101
- Downloads 0
THE PRIVATE COPY REMUNERATIONS SYSTEM
The study aims to provide an actual overview of private copying compensation systems (also known as private copying levies or remunerations). These remuneration systems are an important element of copyright and related r...
THE SOCIAL-POLITICAL CONTEXT OF THE UNION OF BUKOVINA WITH THE KINGDOM OF ROMANIA
Bukovina was the second province which made the union with its motherland, after Bessarabia. 100 years ago, on November 28th, 1918, the proclamation of the union of Bukovina with Romania occurred, an important historic m...
CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSUE
In a democratic society, the judicial legitimacy of the state and its power, of its institutions, but also the social and political grounds are generated and determined by the Constitution, defined as expressively as pos...
THE RIGHTS OF THE PERSONAL CREDITORS OF THE HEIRS IN THE INHERITANCE DIVISION
As opposed to the situation of an asset that is in co-owner-ship, in the case of an inheritance the fraud of the personal creditors of an heir may occur more easily. That’s why article 1156 of the Romanian Civil code reg...
EMPLOYEE PARTICIPATION RIGHTS NEGOTIATION IN COMPANIES RESULTING FROM A CROSS-BORDER MERGER
The cross-border merger may have major consequences on the employee rights of the companies undergoing this process. The employees find themselves before two great uncertainties. The first one regards the continuity of t...