Theoretical and practical considerations on probation in labor disputes
Having the actori incubit onus probandi apothegm as a starting point, we shall examine the particular aspects of probation in work -related conflicts, as stipulated in the 272-273 Article within the 53/2003 Law regarding The Labour Code and 212 Article within 62/2011 Law on Social Dialogue. The obj...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Bucharest University of Economic Studies
2016-12-01
|
| Series: | Juridical Tribune |
| Subjects: | |
| Online Access: | http://tribunajuridica.eu/arhiva/An6v22/19%20Tichindeal.pdf |
| _version_ | 1797219068850208768 |
|---|---|
| author | Marioara Țichindelean |
| author_facet | Marioara Țichindelean |
| author_sort | Marioara Țichindelean |
| collection | DOAJ |
| description | Having the actori incubit onus probandi apothegm as a starting point, we shall examine the particular aspects of probation in work -related conflicts, as stipulated in the 272-273 Article within the 53/2003 Law regarding The Labour Code and 212 Article within
62/2011 Law on Social Dialogue. The objective of this paper is to examine distinct features related to the functions of evidence, to the set of fundamental principles which underlie the judicial proceedings of probation in work -related conflicts, as well as the active role of the judge in order to assure a righteous and fair trial. All the elements referred to will be regarded from historical, hermeneutic, teleological and comparative points of view. The
specific character of regulations underpinning the management procedures regarding probation in work -related conflicts, differing from the provisions under statutory law, highlights the legislator's choice towards establishing a simple and urgent procedure. It
should be adjusted to the work terms and to the individual right to work, representing a genuine guarantee for bringing the law claims which derive from adequate or inadequate performance of individual or collective contracts, performed by the employer. Examples provided by judicial practice uncloak the difficulties encountered by both parties of the trial and court when it comes to enforcing the specific provisions for the application of the legislation, fact which is not always compatible with the legislature’s aim, by means of regulation. |
| first_indexed | 2024-04-24T12:27:46Z |
| format | Article |
| id | doaj.art-b2553534d396458ab79a043f872a9d6b |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:27:46Z |
| publishDate | 2016-12-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-b2553534d396458ab79a043f872a9d6b2024-04-08T07:43:02ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822016-12-0162259270Theoretical and practical considerations on probation in labor disputesMarioara Țichindelean 0”Lucian Blaga” University of SibiuHaving the actori incubit onus probandi apothegm as a starting point, we shall examine the particular aspects of probation in work -related conflicts, as stipulated in the 272-273 Article within the 53/2003 Law regarding The Labour Code and 212 Article within 62/2011 Law on Social Dialogue. The objective of this paper is to examine distinct features related to the functions of evidence, to the set of fundamental principles which underlie the judicial proceedings of probation in work -related conflicts, as well as the active role of the judge in order to assure a righteous and fair trial. All the elements referred to will be regarded from historical, hermeneutic, teleological and comparative points of view. The specific character of regulations underpinning the management procedures regarding probation in work -related conflicts, differing from the provisions under statutory law, highlights the legislator's choice towards establishing a simple and urgent procedure. It should be adjusted to the work terms and to the individual right to work, representing a genuine guarantee for bringing the law claims which derive from adequate or inadequate performance of individual or collective contracts, performed by the employer. Examples provided by judicial practice uncloak the difficulties encountered by both parties of the trial and court when it comes to enforcing the specific provisions for the application of the legislation, fact which is not always compatible with the legislature’s aim, by means of regulation.http://tribunajuridica.eu/arhiva/An6v22/19%20Tichindeal.pdf: labor disputessocial dialoguelabor lawburden of proof. |
| spellingShingle | Marioara Țichindelean Theoretical and practical considerations on probation in labor disputes Juridical Tribune : labor disputes social dialogue labor law burden of proof. |
| title | Theoretical and practical considerations on probation in labor disputes |
| title_full | Theoretical and practical considerations on probation in labor disputes |
| title_fullStr | Theoretical and practical considerations on probation in labor disputes |
| title_full_unstemmed | Theoretical and practical considerations on probation in labor disputes |
| title_short | Theoretical and practical considerations on probation in labor disputes |
| title_sort | theoretical and practical considerations on probation in labor disputes |
| topic | : labor disputes social dialogue labor law burden of proof. |
| url | http://tribunajuridica.eu/arhiva/An6v22/19%20Tichindeal.pdf |
| work_keys_str_mv | AT marioaratichindelean theoreticalandpracticalconsiderationsonprobationinlabordisputes |