Professor, Ph.D. Alexandru Athanasiu

Faculty of Law, University of Bucharest

https://drept.unibuc.ro/Prof.-univ.-dr.-Alexandru-Athanasiu-s17-a74-ro.htm

Protection of work in the digitalized era. About the need to reevaluate the concepts of “worker” and “subordination”

Abstract

Technological evolution lead to the reduction of transaction costs, increased economic efficiency, challenge of classical industries, changes in many companies’ profiles and development of new forms of work.

This study aims to analyze the impact of technological evolutions on work relations, which seem to be enticing away from the classic pattern, specific to industrial economies, where work was carried out, as a rule, under a fix working schedule and from workplaces organized by the employer.

Thus, as the organization of work transforms, and, implicitly, the content of the subordinate relationship, the border between independent and subordinate work fades away.

Given the above, this paper raises several key issues, which, in our opinion, represent the key to rebuilding labor law in order to adapt it to new realities on the labor market.

These issues relate to: (i) establishing whether labor law should protect work, irrespective of the type of agreement under which it is performed; (ii) the need to reevaluate the criteria used to distinguish between independent and subordinate work; (iii) assessing the level of protection that workers should benefit from under labor legislation, depending on the degree of independence in the organization of work, as well as the specificity of the work carried out by them.

Key words: worker, subordination, independent work, subordinate work.

Associate Professor, Ph.D. Radu Bogdan Bobei

Faculty of Law, University of Bucharest

https://drept.unibuc.ro/Conf.-univ.-dr.-Radu-Bogdan-Bobei-s17-a113-ro.htm

Dimensions of private international labour market law

 

Abstract

National and foreign elements are meeting each other in the context of the labour market irrespective of the types of such market: locals markets, regional markets and the international one. In the light of the legal relationships arising out of their interplay, it occurs the question: which the law applicable to the merits of such legal relationships? The players of the labour market are answering by the way of using the so-called “conflict of law” rules. The principle of lex voluntatis constitutes one of the versions of the latter rules. This is not the sole conflict of law rule. This contribution explores briefly the versions of the conflict of law rules familiar to the labour market. The legal background, the jurisprudence and the doctrine are very helpful in order to underline such issues.

Key words: private international law, labour market

Ph.D. Giuseppe Casale

Director Turin School of Development, Secretary General ISLSSL

International Training Centre of the ILO, Italy

https://www.itcilo.org/masters-programmes/ll-m-in-international-trade-law/partners-and-faculty/the-scientific-committee/giuseppe-casale

Digital platforms and labour law: new challenges and perspectives

Abstract:

One of the major transformations in the world of labour over the past decade has been the emergence of digital labour platforms. This new form of labour has not only disrupted existing business models but also the employment model upon which these business models relied. Work on digital labour platforms provides workers the opportunity to work from any place, at any time and take up whatever jobs suits them. However, concerns over the future of work have centred on whether technology will displace humans in their workplace and, if so, what to do with growing global surpluses of labour. Less attention has been placed on the types of jobs that will be created, and whether these jobs will be “decent”. This paper focuses on the impact of digital labour platforms on employment and industrial relations.

Key words: digital labour platforms, labour surplus, types of workplace, labour force, industrial relations.

Lecturer, Ph.D. Diana Cîrmaciu

Faculty of Law, University of Oradea

https://drept.uoradea.ro/ro/departament/181-lect-univ-dr-diana-cirmaciu

Considerations regarding the investigation of crimes committed in the field of labor relations

Abstract

In the contemporary period, in the context of technology development, it is necessary to  present systematically the ways of investigating offences related to labor relations.

In order to prevent and combat such offenses and to solve cases dealing with offences related to labor relations it is necessary to use many investigative methods.

Key words: forensic science, forensic technique, forensic tactics, offences committed in the sphere of labor relations

Ph.D. Diana-Elena Crumpănă

European Policy and Program Officer, DG Employment, Social Affairs and Inclusion, European Commission, Brussels, Belgium

http://baroulvalcea.ro/index.php?option=com_contact&view=contact&id=51

 

Developments at EU level concerning the impact of new technologies on labour relations   

 

Abstract

The jobs of tomorrow will be very different from the ones of today. According to an estimation quoted by the World Economic Forum, 65% of children entering primary school today will ultimately end up working in job types that do not yet exist. New technologies within the fourth industrial revolution drive a great deal of this change with consequences not only on the type or on the substance of our jobs, but also on the form of employment, work environment, flexible working arrangements, etc. New rights such as “the right to disconnect” have made their way into our work and started to be regulated into laws.

Both national and EU-level legislation and policies have to keep up with the rapid pace of change and the EU is constantly concerned with the impact of new technologies, particularly on future employment and social conditions in its Member States.

Recent developments at EU level and future agendas stand as proof. On 17 November 2017 the European Parliament, the Council and the Commission jointly signed the European Pillar of Social Rights. The Pillar builds upon 20 key principles to deliver new and more effective rights for EU citizens. The Pillar enshrines principles like work-life balance, information about employment conditions, preventing precariousness and others that address the challenges arising from technological developments. The Pillar will trigger further actions by the EU institutions and the Member States, including in relation to new technologies.

And indeed, the recently adopted Directive on transparent and predictable working conditions aims to improve the situation of workers with atypical and less predictable employment, applying several of the Pillar principles. At the same time, in 2018 a Council Recommendation endorsed the idea to provide access to adequate social protection to all workers and the self-employed, referring among others to the need to address changes in the European labour markets driven by technological developments.

The EU is at a time of change itself, with a new European Parliament and a new Commission taking office in 2019. New directions have been given by the European Council in its Strategic Agenda for 2019-2024 and further actions related to new technologies were highlighted in the Agenda of the future President of the European Commission. One already notorious example is the intention to improve labour conditions for platform workers.

Key words: the right to disconnect, the European Pillar of social rights, digital platforms.

Professor, Ph.D. Luminița Dima

Faculty of Law, University of Bucharest

https://drept.unibuc.ro/Prof.-univ.-dr.-Elena-Luminita-Dima-s17-a55-ro.htm

Within the context of pervading all social and economic areas the new technologies horned also in the labour relations

 

Abstract

There are more and more employees who work remotely by using information and communication technologies, accessing the electronic systems of their employers, who receive their tasks and perform their attributions by using such systems, while the organization of work, keeping records of the work performed, the control and evaluation of the employees` activities are achieved by using various software.

Advent of the new technologies within the labour relations cannot baulk the exercise and achievement by the parties of their rights, including the fundamental right of defence. In case of litigation the parties need to be able to prove their pleadings in front of the court and it becomes very useful within this context to analyse the material items of evidence that can be used in the labour conflicts given the limitations currently set forth by the legislation in force.

Key words: right of defence, material items of evidence, labour conflicts, information and communication technologies.

Professor, Ph.D. Raluca Dimitriu

Bucharest University of Economic Studies

http://cig.ase.ro/cadre-didactice-departamentul-de-drept/

Exercise of collective rights in the context of digitalization

Abstract:

Digitization has led to the proliferation of new contractual arrangements, which tend to move away from the standard, in terms of employment. Although the number of atypical employees is constantly increasing, there is no real change in the way trade unions are built or in which they represent their members, so the unions continue to ignore – in most of the cases – the interests of atypical employees, rather perceived as “marginal”. The paper aims to investigate the state of play regarding the exercise of the right of association or the right to strike by digitalized workers and, hence, the prospects of their syndication. We will seek solutions to reconcile the traditionalist conception of current forms of trade union organization with new information technologies.

Key words: digitalization, collective relations, new contractual arrangements, right of association, right to strike

Teaching Assistant, Ph.D. Alice Dobrinoiu

Faculty of Law, Titu Maiorescu University of Bucharest

https://www.linkedin.com/in/alice-dobrinoiu-88705617/

 

Mobbing, bulling and other forms of moral harassment in the age of digitalization

 

Abstract

The employee’s right to dignity, security and health at work, as established by article 39 from the Labour Code has the correspondent correlative obligation of the employer to adopt all the measures that are necessary in order to limit the psychological involvement of its employees within their workplace. Both mobbing and bullying are secretive, targeted, and widespread forms of abuse in the workplace.

The psychological harassment at the workplace implies the existence of certain behaviors, certain language, acts or gestures, with a certain duration, which represent a process in time, through some repeatedly or continuously performed actions, which are also “intentional”. Jurisprudence established that it is necessary that these behaviors to affect the personality, dignity or physical or psychological integrity of the employee.

While the employers embrace the new technologies in order to benefit of a digitally connected world and to keep up with the digitalization progresses, there should not be neglected the online harassment forms, such as cyber bullying and online harassment.

Key words: discrimination, mobbing, bullying, work.

Lecturer, Ph.D. Andreea Nicoleta Dragomir

Faculty of Law, Lucian Blaga, University of Sibiu

http://drept.ulbsibiu.ro/personal/lect-univ-dr-andreea-nicoleta-dragomir/

 

Information systems integrated in the structures of the records of persons and civil status

 

Abstract:

Proper use, both intensively and extensively, the new information technologies is essential for the implementation of government reform. In this context, the new methods of organizing the activity and the work, as well as the integration of the new competences for collecting, processing, organizing and communicating the information, become an indispensable requirement for the efficiency and effectiveness of a structure. The information society is a new and much more perfect, than human civilization, in which equal and universal access to information, in correlation with a developed information and communication infrastructure, contributes to the development of an open society based on democratic values, in order to reduce the degree. of poverty and improving the quality of life.

Keywords: Information systems, records service, civil status, communication, organization, administration, E-government.

Ph.D. Candidate Georgiana Enache

Faculty of Law, University of Bucharest

https://www.linkedin.com/in/georgiana-enache-648a679b/

The new technologies and the right to privacy of the employee

Abstract

Nowadays, the use of IT equipment at one’s workplace is no longer an element of novelty. This reality generates multiple issues not only for the employers but for the employees as well, especially regarding the conciliation of the employees’ right to privacy and the employers’ right to control and supervise the employee. Specifically, on the one hand, for the employees arises the question of increasing the employers’ supervisory capacity in the context where, through new technologies, an employer can control besides the work and productivity of its employees,  various aspects of their personal lives. On the other hand, the employers are faced with the risk that the employees use the IT equipment not only for proffesional purposes, but for personal purposes as well. Given the timeliness of these issues and the necessity to identify a good middle path, the purpose of this article is to examine the legal framework and the case law applicable – at a national and European level – to the right to privacy of employees at their workplace in light of the employers’ control prerogative.

Keywords: right to privacy, internet, employee, employer, supervision, control.

Ph.D. Candidate Ioana Florea

Ph.D. Candidate Faculty of Law, Titu Maiorescu University of Bucharest

https://www.linkedin.com/in/ioana-florea-0495a563/

 

The impact of new technologies on the labor market in Romania and Spain

Abstract

In the last period we are facing an evolution in the field of technologies unprecedented in the history of mankind. This current cannot be ignored or minimized, its main effects being the transformation of the way we work, the education, the economy and even the way we spend our free time or interact with others.

Technological progress has two sides: a positive one, which favors innovation, flexibility, mobility of resources and human well-being, and a negative one, which threatens the survival of many professions and millions of jobs.

The Fourth Industrial Revolution, as it was called by the doctrine, will create a series of challenges for the Romanian labor market, as well as for the other countries of the European Union and beyond. The present study will present the effects of digitalization on the labor market in Romania, a country with a lower level of development of the information society than other European countries, such as Spain for example.

Keywords: new technologies, digitalization, information society, labor market

Lecturer, Ph.D. Radu Florian Gheorghe

Faculty of Law, Agora University of Oradea

http://univagora.ro/en/people/florian-radu/

The issues regarding employer’s patrimonial liability for non-pecuniary damages caused to his employer  

 

Abstract

The present paper aims to analyse the legal framework of the employer’s patrimonial liability for non-pecuniary damages caused to his employer, both from the perspective of the Labour Code and from the perspective of other special laws affecting the legal regime of liability of the employee.

Key words: patrimonial liability, employer, non-pecuniary damages, contractual liability, civil legal liability.

Ph.D. Candidate Alexandru Georgescu

Andrei Radulescu Institute of Legal Research, Romanian Academy

https://www.linkedin.com/in/alexandru-georgescu-46321371/?originalSubdomain=ro

 

Consent in labour relations

Abstract

Regulation(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, amd repealling Directive 95/46/EC(General Data Protection Regulation), regarding data processing in employment relationships, capitalize regulatory approach of Directive 95/46/EC and relevant case law, considering the employee’s consent as a legal basis for processing whose use involves extreme caution for employer.

The Articles aims at synthetically exposing the complex and nuanced manner in which the employee’s consent is managed from legal and jurisprudential perspective. The Article analyzes in special, the relevant provisions of Opinion 2/2017 on data processing at work – wp 249 and Guidelines on Consent under Regulation 2016/679.

Key-Words: employee, Regulation, personal data, consent, Opinion, Guidelines

Associate Professor, Ph.D. Laura Georgescu

Faculty of Law, The Ecological University of Bucharest

https://www.ueb.ro/drept/departament/GEORGESCU%20Laura%20CV%20site%20Univ.pdf

Importanța formării profesionale în contextul dezvoltării sistemelor de inteligență artificială (IA)

Abstract

Employee training is a necessity on the labour market, not only in Romania, but throughout the world. The employer, according to the Labour Code, is obliged to send the employees to training once every 2 or 3 years depending on the number of employees. He also has the obligation, according to the same Code, as we know, if he has more than 21 employees to work out annually and apply training plans.

Artificial Intelligence is, and remains, a important subject in the field of work relations, not only in IT, research, but also because has very big impact the labour market. AI determines us to learn how to adapt from all points of view, that of acquiring new competitions, to the new situations that will appear. Employees and business leaders need to learn how to work with AI and how to adapt to new technologies that are increasingly autonomous. We need to find solutions as quickly as possible to problems that appear or will appear related to work places, the social protection of those who will be fired and to adapt the education and training of new technologies.

On the occasion of the meeting of the world’s most important leaders, in Davos at the World Economic Forum, and last year, in 2018 but also this year, has been discussed the ability of companies to adapt to the revolutionary IA challenge. It was pointed out that “the fourth industrial revolution will eliminate millions of jobs” referring to the implementation of the AI in all areas of activity. Attention has been drawn to the fact that we need a concurrent revolution in education and training, encouraging innovation and adaptability.

Then, the need to train employees and educate new generations is of major importance in the context of the rapid development of AI.

Key words: employee training, Artificial Intelligence, labour market, jobs, industrial revolution, innovation, adaptability

Conf.univ.MONICA GHEORGHE

Universitatea”Lucian Blaga” Sibiu, Facultatea de Drept

monica.gheorghe@ulbsibiu.ro

http://drept.ulbsibiu.ro/personal/monica-gheorghe/

Munca prestată prin utilizarea platformei digitale. Consecințe privind respectarea principiului egalității de tratament.

 

Rezumat

Munca prestată prin utilizarea platformei digitale, una din noile modalități de prestare a muncii care au apărut la nivel european în contextul digitalizării, a devenit subiect de aprinse dezbateri.

În mod tradițional, relația de muncă are la bază un contract standard de muncă, pe o durată nedeterminată, cu o normă integrală de muncă, în care locul de muncă este delimitat spațial, care reprezintă un punct de referință pentru a distinge între formele tipice și atipice de prestare a muncii. Persoanele care prestează munca prin intermediul platformelor digitale nu se pot încadra cu ușurință în categoriile de salariați sau lucrători independenți. Cercetări juridice doctrinare au avut ca scop atât sistematizarea diferitelor forme de prestare a muncii prin utilizarea platformelor digitale și calificarea acestora, precum și analizarea modului în care normele tradiționale de dreptul muncii se pot aplica acestor noi forme de prestare a muncii.

Prezentul studiul reprezintă un punct de pornire pentru a dezbate asupra modului în care principiul egalității de tratament între femei și bărbați se aplică în cazul prestării muncii prin utilizarea platformelor digitale. De cele mai multe ori, platformele digitale utilizează diferiți algoritmi pentru a selecta persoana care prestează activitatea, pentru a stabili prețul activității. În selecție, algoritmii se pot baza pe diferite criterii, cum ar fi: evaluările clienților, disponibilitatea lucrătorului, perioada de timp în care se răspunde, timpul necesar pentru realizarea activității, calitatea serviciului sau a muncii prestate. Însă, utilizarea algoritmilor poate determina discriminări indirecte pe criteriu de gen.  Astfel, întrebarea care se naște este dacă principiul european al egalității de tratament între femei și bărbați poate proteja lucrătorul care prestează munca prin intermediul platformei digitale în situația în care acesta a fost discriminat prin utilizarea unui algoritm.

Cuvinte cheie: platforma digitală; munca prestată prin utilizarea platformei digitale; discriminare; egalitate de tratament între femei și bărbați; algoritm.

Ph.D. Candidate Bogdan Ioniță

Faculty of Law, University of Bucharest

https://www.linkedin.com/in/bogdan-ionita/

Workplace flexibility in the digital era. Legal implications

Abstract

This study is based on the assumption that the technological evolutions in the past decades led and will continue to lead to changes in the conditions for performing work, as well as to the development of new flexible forms of work, such as „crowdwork” or „work-on-demand via apps”.

For instance, technological evolutions have fostered the delocalization of work, which contributed significantly to the flexibility of existent work relations, as well as the emergence of new forms of work.

This paper aims to outline the legal implications stemming from the delocalization of work by redefining the concept of “workplace” in the digital era, analyzing the rights and obligations incumbent to the parties to the employment relations in an era where workers carry out their duties from everywhere, with special focus on the organization of working time and its demarcation from rest time, monitoring of employees and health and safety issues.

Key words: technological evolutions, flexibility, workplace, employee monitoring

Lawyer Ph.D. Mădălina Iordache

Faculty of Law, University of Bucharest – associate teacher

https://profesionisti.juridice.ro/madalina-iordache

Decent work – reflections on the subordination report in the case of teleworking

Abstract

The concept of decent work was promoted at the ILO Conference in 1999 as a strategic objective of the ILO, as highlighted by the report of the ILO Director-General (Decent Work). The decent work program that was first spoken at the 1999 Conference was officially adopted in 2008 as part of the ILO’s Declaration on Social Justice for a Fair Globalization. In this statement, it was stated that decent work is the foundation of a productive, fair and inclusive society.

In fact, it can be said that decent work should be understood as an effective response to the social changes caused by the phenomenon of globalization. The defining elements of decent work (the fundamental right of liberty, human dignity, social security, social justice and non-discrimination, social dialogue) can determine, to the extent that they produce the right effect within a society, sustainable economic and social development that company.

Referring to this ILO concept, the present study aims to analyse:

(i) Whether the flexibility of the employment relationships of a particular category of employees is or does not compromise the concept of decent work;

(ii) Whether the subordinate report for teleworking is a classic or atypical one and the extent to which it contributes to the achievement of the decent work goal.

Key words: decent work, teleworking, subordinate report

Teaching Assistant, Ph.D. Luiza Lungu

Faculty of Law, Titu Maiorescu University of Bucharest

http://www.utm.ro/facultatea-de-drept-bucuresti/cadre-didactice/

 

Some aspects regarding working time in the context of current technology

Abstract

In the context of latest technology which is at the employer’s and employee’s disposal in the day to day activity, many employees choose to perform telework using IT tools. However, technology can also be a way in which the employee may feel permanently “trapped” in workloads, which is why many European states have started to limit through legislative initiatives the employer’s right to require the employee any kind of interaction with work performance after the end of the work schedule, decisions reference in this sense being made in France or Spain in order to give employees the right to “disconnect”, in order to ensure their balance between their personal and professional lives.

The paper thus deals with a review of the trends in working time, the way technology influences the work schedule, the timetable or the activity of the employees, at both European and local level. In this regard, we also intend to analyse the ruling of the Court of Justice of the European Union on the timesheets of the employees work performance by reference to the technology used in their activity, but also on the ways of avoiding the interference between professional and personal life in order to observe the right to disconnect.

Key words: technology, working time, work schedule, professional and personal life

Professor, Ph.D. Antonio Márquez Prieto

University of Malaga, Spain

https://www.uma.es/departments/teachers/QXFqLzJmbFR5QTlRT29hSlMzSUthUT09/?set_language=en

New technologies in the employment relationship: what matters for social justice

Associate Professor, Ph.D. Cristian Miheș 

Faculty of Law , University of Oradea

https://drept.uoradea.ro/ro/departament/169-conf-univ-dr-cristian-mihes

 

Considerations regarding criminal liability specific to labor relations in the case of new forms of work relationship

Abstract

The scientific approach aims at identifying new forms of employment by employees in close connection with the introduction of new technologies, such as: temporary agency work, fixed-term contract, telework, employee sharing, job sharing, temporary employment, ICT-based mobile work, voucher-based work, portfolio work, crowd employment, and collaborative employment.

The existence of these new forms of employment by the employees generates the necessity to analyze the way of intervention of the criminal responsibility of the parts of the employment relationship, the employee / employer, from at least the following perspectives: the fulfillment of the work tasks, health and safety at work, employees’ personal data.

The last part of the paper will include any proposals to amend the legislation in force in order to ensure that the rights of the parties to the labor relations are fulfilled in the best possible conditions in the context of the changes in the legal labor relations as a result of the introduction of the new technologies

Key words: new technologies, new forms of employment, criminal liability, job duties, health and safety at work, personal data protection.

Professor, Ph.D. Claudia-Ana Moarcăș

Faculty of Law, University of Bucharest

https://drept.unibuc.ro/Prof.-univ.-dr.-Claudia-Ana-Moarcas-s17-a63-ro.htm

The Human Being and the ‘New Order of Work’ – Challenges and Perspectives

Abstract

The scientific approach aims at identifying new forms of employment by employees in close connection with the introduction of new technologies, such as: temporary agency work, fixed-term contract, telework, employee sharing, job sharing, temporary employment, ICT-based mobile work, voucher-based work, portfolio work, crowd employment, and collaborative employment.

The existence of these new forms of employment by the employees generates the necessity to analyze the way of intervention of the criminal responsibility of the parts of the employment relationship, the employee / employer, from at least the following perspectives: the fulfillment of the work tasks, health and safety at work, employees’ personal data.

The last part of the paper will include any proposals to amend the legislation in force in order to ensure that the rights of the parties to the labor relations are fulfilled in the best possible conditions in the context of the changes in the legal labor relations as a result of the introduction of the new technologies

Key words: new technologies, new forms of employment, criminal liability, job duties, health and safety at work, personal data protection.

Lecturer, Ph.D. Ana Mocanu-Suciu

Faculty of Law, Lucian Blaga University of Sibiu

https://www.beckshop.ro/raspunderea-functionarilor-publici

The civil servant is the interface between the public authority and the citizens

Abstract

The civil servant is the interface between the public authority and the citizens.

The image of the public institution is an element that essentially contributes to building citizens’ trust in it.

With the development of access to new technologies and the disclosure in the online environment of a part of the civil servant’s life, there is an interference between the image of the civil servant and that of the public institution.

This aspect was not observed by the legislature, which extended the scope of disciplinary responsibility and extra-professional behavior that has an impact on the image of the public institution.

A case of disciplinary liability has been instituted that concerns the manifestations that prejudice the prestige of the public authority or institution in which the public official carries out his activity.

A disciplinary action with such an object can be based on the way in which the civil servant is exposed through the new technologies.

Key words: civil servant, public authority, liability, public administration, ethics, disciplinary responsibility

Associate Professor, Ph.D. Daniela Moțiu

Faculty of Law, West University of Timisoara

https://drept.uvt.ro/departamente/drept-privat/motiu-daniela.html

Internal regulation – between tradition and modernity

 

Abstract

The internal regulation – specific source of labour law, is the expression of the power of directing the employer, being par excellence a regulatory legal act of private law whose preparation is the exclusive competence of the employer. The internal regulation is the internal act of the employer by which it establishes the rules regarding the functioning and the performance of the activity in its unit.

The Labour Code regulates the minimum content of the internal regulation and leaves to the employer’s discretion the decision regarding the concrete way of informing the employees of its content. The jurisdiction regarding the settlement of the employees’ notifications regarding its irregularities belongs to the courts.

The internal regulation is an act of labour law, a necessary and useful instrument for carrying out labour relations within the unit.

Key words: internal regulation, employer, employees, consultation, information, content of internal regulation, legality control

Associate Professor, Ph.D. Carmen Nenu

Faculty of Economics and Law, University of  Pitești

http://194.102.70.11/en/faculties/facultatea-de-stiinte-economice-si-drept-1/departamentul-drept-si-administratie-publica2

 

Evolution of the Concept of Health and Safety in the Workplace in the Context of New Technologies

Abstract

The new technologies are leading to major changes in the work environment, both the employer and the employee moving to a new stage of the employment relationship, which resembles less and less like the current one. The digitization of work generates new professional, ergonomic, psycho-social or psychological risks, such as the permanent connection state. All these risks will be part of the reality of each of us in the workplace in the near future. Therefore, an analysis of the evolution of safety and health at work in the current technological age is necessary to identify, at least at the conceptual level, the major changes that need to be implemented in the legislation in order to meet the major objective of protecting the employee in the work process.

Key words: Occupational risks, Employee protection, Digitization of work, Legislative changes

 Ph.D. Candidate Adriana Violeta Nistor (Țelea)

Ph.D. Candidate within the Faculty of Law, Lucian Blaga University of Sibiu

https://www.linkedin.com/in/adriana-violeta-nistor-telea-b208a05/?originalSubdomain=ro

 

Considerations regarding the responsibility of the administrator of a company

Abstract

This article makes an analysis of the administrators’ liability institution regarding a company in function, in bankruptcy or in liquidation. The aproach of this institution out of the three perspectives raises different problems and the solutions which arise are different for each situation.

Keywords: liability of the administrator, piercing the corporate veil, business judgement rule.

Associate Professor, Ph.D. Lavinia Onica

Faculty of Law, University of Oradea

https://drept.uoradea.ro/ro/departament/188-conf-univ-dr-lavinia-chipea

 

Brief considerations regarding the impact of new technologies on the application of Regulation 561/2006. News and perspectives

 

Abstract

The paper aims to analyze the incidence of introduction of new technologies in the   execution of a legal relation of work with specific working time, namely the work report of the truck drivers performing road transport. The first part of the paper contains an evolving description of the regulations regarding the concrete ways to highlight the type of activity and the working time for this category of employees, insisting on the provisions of the Regulation (EC) no. (EC) No 561/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonization of certain social legislation relating to road transport, amending Regulations (EEC) (EEC) No 3821/85 and (EC) Council Regulation (EC) No 2135/98 and repealing Regulation (EEC) Council Regulation (EEC) No 3820/85.

The introduction of new technologies in our field of analysis (eg tachographs) generates a number of consequences regarding the status of the employee in question, which can be analyzed also from the point of view of respecting his rights provided by the labour legislation and by the norms of the Romanian fundamental act security at work, the right to privacy, etc.).

The public debate on the “Mobility” legislative package is equally of interest to the subject under consideration from the effects that proposed regulations will have on this form of legal employment relationship with specific work time.

Key words: specific time, new technologies, tachographs, rights and freedoms, Mobility package

Associate Professor, Ph.D. Septimiu Panainte

Faculty of Law, Alexandru Ioan Cuza University of  Iași

http://laws.uaic.ro/ro/organizare/conducerea-facultatii/decan/septimiu-vasile-panainte

 

 

Considerations regarding the alienation of the employee in the industry 4.0.

 

Abstract

The fourth industrial revolution is no longer just a concept, it is a reality that we enjoy and we face it at the same time. The digitization, digitalization and development of wireless communications made possible the digital transformation and the development of operational artificial intelligence programs.

Managing the effects of the ”industry 4.0” from a political, legal and economic point of view is a challenge. The effects on the labor market and labor organization are insufficiently outlined and understood. There are a number of detectable risks, including: decreasing employment rates, reducing the number of qualifications, the increased outsourcing of some activities, impairing the ability of professional (re)insertion of employees and increasing the importance of their professional training, increased security risks, including the privacy of employees, declining the strength of traditional social dialogue partners, increasing income inequalities and a more difficult access to social security systems, the alienation of workers from the traditional model of the employment relationship in respect to the indefinite duration of the contract, the growing demand of the flexible/unequal working program and of the remote work.

Key words: labor relations, the fourth industrial revolution, risks regarding the labor market

Lecturer, Ph.D. Manole Ciprian Popa

Faculty of Law, University of Bucharest

https://drept.unibuc.ro/Lector-univ.-dr.-Manole-Ciprian-Popa-s17-a818-ro.htm

The Human Being and the ‘New Order of Work’ – Challenges and Perspectives

Abstract

The scientific approach aims at identifying new forms of employment by employees in close connection with the introduction of new technologies, such as: temporary agency work, fixed-term contract, telework, employee sharing, job sharing, temporary employment, ICT-based mobile work, voucher-based work, portfolio work, crowd employment, and collaborative employment.

The existence of these new forms of employment by the employees generates the necessity to analyze the way of intervention of the criminal responsibility of the parts of the employment relationship, the employee / employer, from at least the following perspectives: the fulfillment of the work tasks, health and safety at work, employees’ personal data.

The last part of the paper will include any proposals to amend the legislation in force in order to ensure that the rights of the parties to the labor relations are fulfilled in the best possible conditions in the context of the changes in the legal labor relations as a result of the introduction of the new technologies

Key words: new technologies, new forms of employment, criminal liability, job duties, health and safety at work, personal data protection

Associate Professor, Ph.D. Radu Razvan Popescu

The National School of Political and Administrative Studies Bucharest

http://snspa.ro/radu-razvan-popescu/

 

The new regulation of the administrative-disciplinary responsibility of the civil servants

 

Abstract.

The Administrative Code brings together the whole issue of organizing and operating public institutions, staff status and administrative accountability. Administrative-disciplinary liability is a new concept that changes the vision of disciplinary law.

The civil servant dissatisfied with the sanction applied may address the administrative court requesting the cancellation or modification of the sanctioning act.

Contractual staff under an individual employment contract shall be subject to the provisions of the Administrative Code, which shall be supplemented by the provisions of the Labor Code, as a common law.

Key words: disciplinary offense, hearing, sanction, administrative litigation

Associate Professor, Ph.D. Roxana Cristina Radu

Faculty of Law, University of Craiova

https://drept.ucv.ro/despre/lista-cadrelor-didactice/departamentul-de-drept-privat/127-roxana-cristina-radu.html

Sinteză a jurisprudenței franceze privind atingerile care pot fi aduse vieții private a salariaților prin intermediul noilor tehnologii

Abstract

Respect for freedom of expression, protection of the intimate, family and private life of the employee, guaranteeing dignity in work are among the fundamental rights whose observance is a priority in the relations of labour, together with the protection of the health and safety of employees. The problem of employee privacy breaches is a problem that has grown with the development of new technologies and their widespread use. The Internet, audio and video surveillance, mobile phones, global positioning systems have brought in the forefront measures that can be taken on a legal and organizational basis to prevent breaches that the use of these new technologies can bring to the privacy of employees. In the present study we attempted to summarize the French judicial practice and the most famous judgments of the French Court of Cassation on the incidence of new technologies on employees’ private life.

Key words: employer, Internet, freedom of expression, employee, private life

Professor, Ph.D.Remco (C.H.) van Rhee

University of Maastricht, Netherlands

https://www.maastrichtuniversity.nl/remco.vanrhee

Modern Technology in Civil Litigation: Panacea or Procrustean Bed?

Abstract

Modern technology facilitates far-reaching reforms in the way we litigate. However, whether these changes are always beneficial from the perspective of access to justice and efficiency may be doubted. The present paper will focus on a selection of examples from various European jurisdictions in order to illustrate to what extent recent reforms have been beneficial, and to what extent they have been a failure. The examples concern the way the case is brought to the attention of the opponent party (summons, notification), the manner in which court hearings are conducted, evidence, the reasons carrying the judgment and the way the judgment is issued. The paper will end with an evaluation of what is needed for successful reforms of civil litigation based on modern technologies.

Key words: modern technology, access to justice, evidence.

Associate Professor, Ph.D. Felicia Roșioru

Faculty of Law, BabeÈ™-Bolyai University of Cluj-Napoca

http://law.ubbcluj.ro/index.php/facultate/departamentul-de-drept-privat/81-lect-univ-dr-felicia-rosioru

 

Collective representation of platform workers

Abstract

Platform workers try to find ways for their collective representation, as in many countries they are not acknowledged as employees. Facing legal obstacles, as trade unionism and collective bargaining are recognised in many countries only for the employees, platform workers have developed alternative ways for collective representation; cooperatives, union-affiliated guilds, using forums in order to achieve a collective dimension, the use of reputation of the companies and the signature or Charters involving public authorities are just some of them.

Key words:platform workers, union-affiliated guilds, forums, charters.

Professor, Ph.D. Jean Michel Servais

Invited Professor at the University of Gérone, Honorary President of the International Society for Labor Law and Social Security, Former Director of the International Labor Office, Switzerland

https://comptrasec.u-bordeaux.fr/en/les-membres/jean-michel-servais

 

 

 

 L’économie collaboratrice des plateformes électroniques: nouveaux défis, nouvelles protections

 

Abstract.The debates on the social protection of people working on digital platforms focus on the need to protect them even if they do not have a work contract .The precariousness of their situation appears when they depend for their livelihood on one or a few entrepreneurs .The problem is similar to those raised for a long time by other workers whose legal status as employees or self-employed persons is, like theirs, uncertain; those of the informal economy .The examination of these experiences illuminates the current discussion of the guarantees to be granted here, the possibilities opened by this comparison, but also its limits.

It leads to explore new ways.

Keywords: digital platform, social protection of the employee, guarantees given by the employer.

Professor, Ph.D. Jakub Stelina

University of Gdansk, Poland

https://ug.edu.pl/pracownik/2740/jakub_stelina?language=en

The subordination of a teleworker in the Polish labour law

 

Abstract

According to Polish law the telework is the work done, on a regular basis, outside the work establishment, using means of electronic communication, while a teleworker is an employee working under such conditions and transferring the results of the work to the employer with the involvement of means of electronic communication in particular. If the person that does the telework is subordinated to the person/entity by whom it is hired, the contract in question is a contract concluded under provisions of labour law, but the subordination of teleworker is modified. The employer may retain influence on the mode of doing work throughout the duration of the contract on telework, but his supervisory rights (determining the place and time of performance of work) are, in principle, excluded or at least limited.

Key words: the telework, electronic communication, work provide.

Professor, Ph.D. Charles Szymanski

Vytautas Magnus University, Lithuania

https://www.applied-ethics.com/team/charles-szymanski/

 

 

Discrimination by Algorithm

 

Abstract

Artificial Intelligence (AI)  already influences many aspect of our lives. This includes something as basic as searching for something on the internet, where an algorithm in the search engine guides us to the most relevant answers. In the field of work, algorithms are also making their mark, helping employers find and retain the best employees for particular jobs.  However, the use of algorithms for these purposes may also constitute unlawful employment discrimination (in particular, indirect discrimination) and could violate employees’ and job applicants’  data protection rights.  This presentation will attempt to show the boundaries between the  illegal and legal use of algorithms in the context of labor law, and present recommendations for their use by employers and recruiters in the future.

Key words:  discrimination, algorithms, artificial intelligence, data protection, automated decision making

Associate Professor, Ph.D. Ana Ștefănescu

Faculty of Social and Political Legal Sciences, Dunărea de Jos University of Galați

http://www.fsjsp.ugal.ro/assets/despre_noi/departamente/departament_stiinte_administrative/cv/CV-Ana_Stefanescu.pdf

Telework performed by teaching and research staff in higher education – in fact and in law

Abstract

The specific activity of teaching and research staff in higher education has always been in fact related to the specific of work performed at home and since the use of information technology has become indispensable, especially in ensuring the telematics relationship with the employer, colleagues or students, master students, PhD students or other external collaborators to the main work environment, it is certainly has been identified with telework.

Indeed, we must recognize that, apart from the actual teaching activities (courses, seminars, examinations, meetings, etc.), there are a number of activities, such as research, work guidance or work in various committees set up in the interest of education, which are mainly carried out in a place other than the workplace organized by the employer – usually at the teacher’s home or in other places that allow the continuity of on-line or off-line telematics relationship.

The above mentioned takes on a special dimension from the perspective of Law no. 81/2018 on the regulation of the activity of teleworking, since teleworking also concerns the specific activity of teaching and research staff, as it is defined in art. 2 lit. a) “a form of the organization of work by which the employee, on a regular and voluntary basis, performs his / her duties specific to the position, job or occupation he / she occupies from a place other than the workplace organized by the employer, at least one day per month , using information and communication technology “. However, this activity has been ratified since 2003 on work at home or, rather, it is related to its specificity according (especially) to the special academic law (as always), as I have mentioned.

As a consequence, both the individual labor contracts of the teachers, as well as the internal regulations or other regulations, etc. have to be adapted to the requirements of Law no. 81/2018. All should be addressed “in the system”.

As far as we know, in the university environment in general, there are no signs that they would have been notified, which is why we consider it useful to address the matter in this paper.

Keywords: work at home, teleworking, higher education, individual labor contracts, regulations, teaching and research staff.

Lecturer, Ph.D. Traian Tunsoiu

Faculty of Law, University of Bucharest

https://drept.unibuc.ro/Lector-univ.-dr.-Traian-Tunsoiu-s17-a54-ro.htm

Use of electronic signature in labor relations

Abstract

The purpose of the presentation is to analyze the possibility of using the electronic signature at the conclusion, modification, suspension of the individual employment contract as well as for other work documents.

Key words: electronic signature, employment report.

Professor, Ph.D. Marioara Èšichindelean

Faculty of Law, Lucian Blaga University of Sibiu

http://drept.ulbsibiu.ro/personal/marioara-tichindelean/

Protection of personal data throughout work relationships

Abstract

Regulation no. 679 of 27 April 2016 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data provides the right of natural persons to protect the processing of personal data as fundamental right. The size of the collection and exchange of personal data has significantly increased. Technology allows both private companies and public authorities to use personal data at a new level as part of their activity, thus the actual protection of personal data throughout the entire Union requires not only the consolidation and detailed determination of rights of data subjects and of obligations of those that process such data, and decide to process personal data, but also equivalent competencies to monitor and ensure the compliance to the personal data protection rules and equivalent sanctions in case of offences committed in Member States.

This survey intends to identify and clarify certain aspects as to how personal data protection can be ensured at the workplace in this digital era both as concerns their content and their processing.  Personal data include specific aspects, concerning the physical, physiological, genetical, psychical, economic, cultural and social identity of the employee, which determines the examination thereof at the work place jointly with the confidentiality of the data or information that the employee has acknowledged during the execution of the work agreement, regardless of the type thereof (standard or non-standard form) and data referring to the health. The separation of the personal life from the private life at the work place, the procedure of sending to competent authorities certain essential aspects of the labour agreement during the procedure regulated by rules on employees’ record, etc. are aspects that involve the analysis of the relationship between employee’s personal data protection requirement and legal character. CJUE jurisprudence is a serious and solid base in understanding the need of a proper application of principles related to the processing of personal data.

Key words: labour agreements, personal data protection, employee record, digital era, technology, workplace.

Professor, Ph.D. Ovidiu Èšinca

Faculty of Law, Agora University of Oradea

http://opac.biblioteca.ase.ro/opac/bibliographic_view/149870

Comments on the new European working conditions directive

Abstract

The Directive EU 2019/1152 of 20 June 2019 on transparent and predictable working conditions repeals, starting with 1 August 2022, the Directive 91/533/EEC, all Member States being compelled to take all adequate measures to ensure the fulfillment of the obligations arising from the new dispositions, in all employment relationships.

Since its objective is to improve working conditions, the new Directive establishes the minimum rights of the workers that have an employment contract or are in an employment relationship, given the case-law on the matter of the Court of Justice. In this respect, Directive 2019/1152 enunciates definitions, enlarges the area of information regarding the essential aspects of the employment relationship, materializes the means of information, settles the elements regarding the predictability of work, the protection from dismissal and others. In the framework of these dispositions, a special attention needs to be given to the new forms of work.

Key words: transparency and predictability of working conditions, employment contract, employment relationship.

Associate Professor, Ph.D. Gabriel Uluitu

Faculty of Law, Nicolae Titulescu University of Bucharest

http://www.univnt.ro/ro/corp_profesoral/facultatea_de_drept/uluitu_aurelian_gabriel.html

Consequences of new technologies’ use relating to the patrimonial liability of juridical labour relations’ subjects

Abstract

Using of new technologies involves complex changes regarding the way of progress of  working processes. Inside of these processes, two axes of networking are manifesting from the perspective of patrimonial liability: the one which involves the relation between the employer and the employee who uses the new technologies and, respectively, the one corresponding to the relation between the employer and third parties. The main issue that has to be analyzed concerns the determination of the way that the actual regulatory framework of the patrimonial liability could cover in a proper manner the situations which could appear within the pale of the two types of relations.

Key words: juridical labour relations; patrimonial liability, working processes; new technologies

Lector univ.dr. ANA-MARIA VLÄ‚SCEANU

Universitatea din București, Facultatea de Drept

https://drept.unibuc.ro/Lector-univ.-dr.-Ana-Maria-Vlasceanu-s17-a871-ro.htm

Ocrotirea muncii în era digitalizată. Despre necesitatea reevaluării conceptelor de „lucrător” și „subordonare”

Rezumat

Evoluția tehnologică a condus la reducerea costurilor tranzacțiilor, creșterea eficienței economice, contestarea industriilor clasice, schimbarea modelelor de afaceri și dezvoltarea unor noi forme de muncă.

Acest studiu își propune o analiză a impactului pe care dezvoltarea tehnologiilor îl generează în planul raporturilor de muncă, care se îndepărtează tot mai mult de la tiparul clasic, specific economiei industriale, în care munca se presta, ca regulă, în baza unui program de lucru uniform și de la locuri de muncă organizate de angajator.

Astfel, pe măsură ce relațiile de muncă se transformă în ce privește modul de organizare al muncii și, implicit, prin raportare la conținutul raportului de subordonare, granița între munca independentă și cea subordonată se estompează.

Așa fiind, acest articol pune în dezbatere câteva probleme fundamentale, de al căror răspuns, în opinia noastră, depinde găsirea cheii pentru reconstruirea legislației muncii, în scopul adaptării sale la noile realități de pe piața muncii.

Aceste probleme vizează (i) a stabili dacă dreptul muncii ar trebui să ocrotească munca, indiferent de forma juridică în care este prestată; (ii) necesitatea reconfigurării criteriilor în funcție de care se poate distinge între munca independentă și munca subordonată și (iii) cristalizarea nivelului de protecție ce ar trebui instituit prin normele dreptului muncii în favoarea lucrătorilor, raportat la gradul de independență în organizarea muncii și specificul acesteia.

Cuvinte-cheie: lucrător, subordonare, muncă independentă, muncă subordonată

Professor, Ph.D. Magda Volonciu

Faculty of Law, Titu Maiorescu University of Bucuresti

https://www.volonciu.ro/

Special clauses within individual atypical employment contracts

 

Abstract

General clauses and special clauses in at distance employment contracts. How the specific clauses work, as they are regulated by art. 20 of the Labor Code, in the case of atypical employment contracts? In the case of distance labour contracts, can the mobility clause be questioned? What would be the limit of an obligation  of the employee to report to his employer, in order to be  ensured the exercise of the employer’s control prerogatives? How do the loyalty, non-competition, mobility, training and confidentiality clauses work if several employers within the same Group use the work of the same employee – sharing employees?

Key words: general clauses, special clauses, remote work contract, atypical work contract.