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100. posiedzenie Międzyresortowej Komisji do Spraw Najwyższych Dopuszczalnych Stężeń i Natężeń Czynników Szkodliwych dla Zdrowia w Środowisku Pracy

100. posiedzenie Międzyresortowej Komisji do Spraw Najwyższych Dopuszczalnych Stężeń i Natężeń Czynników Szkodliwych dla Zdrowia w Środowisku Pracy

Author(s): Wiktor Marek Zawieska,Jolanta Skowroń / Language(s): Polish / Issue: 1/2022

Podczas 100. posiedzenia Międzyresortowej Komisji do Spraw Najwyższych Dopuszczalnych Stężeń i Natężeń Czynników Szkodliwych dla Zdrowia w Środowisku Pracy (dalej: Międzyresortowa Komisja ds. NDS i NDN), które odbyło się 2 grudnia 2021 r., oprócz przedstawienia planu działań na 2022 r. rozpatrywano propozycje wartości dopuszczalnych stężeń dla 2,6-di-tert-butylo-4-metylofenolu oraz 5-chloro -2-metylo-2H-izotiazol-3-onu i 2-metylo-2H-izotiazol-3-onu (masa poreakcyjna 3:1). Ponadto dyskutowano propozycję zmiany zapisu odnośnika 7. (w brzmieniu: Obowiązuje jednoczesne oznaczanie frakcji respirabilnej krystalicznej krzemionki) zawartego w rozporządzeniu Ministra Rodziny, Pracy i Polityki Społecznej z dnia 12 czerwca 2018 r. w sprawie najwyższych dopuszczalnych stężeń i natężeń czynników szkodliwych dla zdrowia w środowisku pracy (Dz.U. poz. 1286 z późn. zm.) oraz usunięcie tego odnośnika z pozycji 456 wykazu (pyły niesklasyfikowane ze względu na toksyczność), stanowiącego załącznik nr 1 do rozporządzenia.

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A declaration of permanent incapacity to serve as a condition for compulsory dismissal of a police officer from service

A declaration of permanent incapacity to serve as a condition for compulsory dismissal of a police officer from service

Author(s): Żaneta Grygiel-Kaleta / Language(s): English / Issue: 3/2021

The article analyzes the issue of permanent incapacity to work, which is the premise for obligatory dismissal of police officers from service. The reflections are aimed at showing to what extent the statutory regulations in this area should be considered justified. Questions were raised as to whether the catalog of reasons for dismissing an officer from service is a closed catalog. The author referred to the above issue more broadly, indicating whether this catalog exhausts all situations that may constitute the basis for termination of the employment relationship of a police officer, making a distinction in this respect when the employment relationship ends as a result of an act performed by one of the parties to the employment relationship and cases where termination of employment occurs ex lege. The author referred to the nature of the personnel order which was the basis form dismissal from the service of a police officer due to the fulfillment of the condition of permanent incapacity for work confirmed by a medical certificate. The article discusses in detail the issues related to dismissal from service, the admissibility and obligatory application of the consequences in the event of prerequisites, as well as the legitimacy of such a solution. The issues of finality and validity of the decision of the medical commission, which constitute the basis for issuing a personal order on dismissal from service, were also discussed.

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A Legal Perspective on Career Limitations upon Female Astronauts Due to Cosmic Radiation Exposure

A Legal Perspective on Career Limitations upon Female Astronauts Due to Cosmic Radiation Exposure

Author(s): Sami Mehmeti,Stefani Stojchevska / Language(s): English / Issue: 1/2020

Triggered by the contemporary assumption that female astronauts are facing a manifestation of gender-based discrimination regarding career options due to NASA’s strict cosmic radiation exposure limit restrictions, the main purpose of this paper is to analyze the legal perspective of this issue through labor principles of opportunity and health. By recognizing galactic cosmic rays as a special type of radiation exposure naturally occurring within the astronaut’s working environment, it is questioned whether such a severe health threat deserves to be used as a justification for labor discrimination. While examining the legal status of astronauts in labor relations may contribute in realizing the importance of an astronaut’s profession as an individual as well as for the benefit of mankind, the capacities that space agencies, as employers, have in order to fulfill their obligation of eliminating health risks originating from cosmic radiation and solar storms, can be further examined in order to find out if this spaceflight opportunity limitation is just another well hidden demonstration of gender-based discrimination, mainly through the following determinants: 1) Duration of the space mission, and 2) Position of the space object. Also, given the fact that the notion of “outer space labor law” is still nonexistent, this paper additionally emphasizes the need for the establishment of international standards concerning protection against cosmic radiation, in order for astronauts, irrelevant of their nationality, to receive equal health protection measures, as subjects to labor relations.

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A new concept in the Turkish legal system: Mobbing

A new concept in the Turkish legal system: Mobbing

Author(s): Nuray Çelik,Melike Yaman / Language(s): English / Issue: 18/2020

Mobbing is a phenomenon which has existed since employment relationships were established in business life. But this issue has been taken into consideration as a legal problem only relatively recently. Thus, within the scope of our work, the definition of mobbing shall be clarified. Moreover, Turkish legislation and judicial opinion regarding mobbing will be analysed.

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A PLEA FOR DIGNITY AT THE WORKPLACE: FROM THE INTERNATIONAL LABOR ORGANISATION'S ASPIRATIONS TO THE LATEST DEVELOPMENTS IN DOMESTIC LAW

A PLEA FOR DIGNITY AT THE WORKPLACE: FROM THE INTERNATIONAL LABOR ORGANISATION'S ASPIRATIONS TO THE LATEST DEVELOPMENTS IN DOMESTIC LAW

Author(s): Beatrice Berna,Crina-Andreea Maxim / Language(s): English / Issue: XV/2021

Recognition and promotion of human dignity as benchmarks in the standards of work have been, since the establishment of the International Labor Organization (ILO), essential values. The Philadelphia Declaration [1] - as the soft law document to which the whole axiology of the operation of ILO refers - establishes, at the beginning, the fundamental principle according to which work is not a commodity. The narrative that derives from this principle is of humanistic origin. Social developments since the adoption of the Philadelphia Declaration (changing political regimes in Eastern European countries, economic recessions,) are factors of pressure on interpersonal relations, thus the labor market being particularly affected. Under the given conditions, the care for the individual was reconfigured by the ILO normative, the protection of human dignity reaffirming itself as a central issue, together with all the elements adjacent to it - discrimination and/or harassment at work. In our paper, we will present some peculiar rules adopted by the ILO in the field of protecting human dignity at the workplace, highlighting the conceptual framework and the principles related to these regulations. In subsidiary, we will consider how national legislation has responded to the ILO's regulatory model.

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Access to health among women with disabilities – legal aspects and practical problems in Bulgaria

Access to health among women with disabilities – legal aspects and practical problems in Bulgaria

Author(s): Iliyana Miteva / Language(s): English / Issue: 28 (4)/2019

This scientific study is dedicated to the legal aspects and practical problems in the Bulgarian legislation of access to healthcare for women with disabilities. Its relevance comes from the growing need to understand the legal construction linked to the right to health of one of the vulnerable groups in society. Attention herein is directed to the existing legal framework in the People with Disabilities Act, the Health Act, the Health Insurance Act and the Medical-Treatment Facilities Act, as well as separate provisions in other legal acts. The analysis is accompanied by conclusions and suggestions for optimising practice and legislation.

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Accesul lucrătorilor migranți cu statut iregular la dreptul la muncă
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Accesul lucrătorilor migranți cu statut iregular la dreptul la muncă

Author(s): Nicolae Sadovei,Mihail Cebotari / Language(s): Romanian / Issue: 1/2021

International labor migration flows include a significant number of migrant workers who for specific reasons infringe residence rules in destination countries. These persons are considered to be the most vulnerable category of migrants, being prone to serious violations of their fundamental rights. States of destination have practically universally adopted policies to restrict and control irregular migration. In this context, the objective of this article is to establish the possibility for irregular migrant workers to benefit from the rights and results of their work, and to establish the limits and prohibitions that arise in the event of irregularity. The article examines both the international instruments and practice as well as regional and national approaches used by states in this field.

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Accidentul de muncă. Tipicitatea infracțiunilor specifice
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Accidentul de muncă. Tipicitatea infracțiunilor specifice

Author(s): Vlad Neagoe,Ciprian Dominte / Language(s): Romanian / Issue: 04/2022

In the context of the requirement to guarantee a higher level of protection of the health and safety of workers, imposed in the field even at European level1, the offences against labour protection are one of the ways that give expression internally to the highest legal protection in the field, satisfying both the special prevention in the field by preventing the occurrence of such events, sometimes having the most serious consequences and the need to punish more severely such deeds, when special social danger thereof requires so. The complexity of offences against labour protection lies in the often omissive and culpable conduct of the perpetrator, sometimes related to a particular specificity of the causality link between this and the state of concrete danger thus created, with special implications on the imputability of the deed, in the context of the difficult interpretation of the vast special legislation, which must, therefore, be known and correctly applied. The relevant doctrine was initiated, starting precisely with the comment on the first incrimination of this sort in the Criminal Code of Carol II of 1936, and relevant case law was found, including from the constitutional contentious court, with regard to the compliance with the principle of legality of the incrimination in terms of predictability of the rule of incrimination, short references being formulated to the European law in the matter of safety and health at work and of comparative law. Our analysis will cover the entire content of the specific offences, with reference to both the objective and the subjective typicalness of the offences against labour protection, including their pre-existing conditions, with the declared aim of supporting the practitioners in the field.

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ACTUALITATE LEGISLATIVĂ

Author(s): Redactia Pro Lege / Language(s): Romanian / Issue: 12/2021

In December 2021, several regulations were published in the Official Gazette, including: Law no. 317/2021 on the state budget for the year 2022; Order of the President of the National Tax Administration Agency and the President of the National Health Insurance House no. 1984/1070 of 10 December 2021 approving the Procedure for exemption from payment of the social health insurance contribution for individuals who are not contributors to the social health insurance system, as well as the model and content of form 603 "Declaration on own responsibility for exemption from payment of the social health insurance contribution". Also, in December, several normative acts were amended, including: Tax Code; Labour Code; Law no. 129/2019 on preventing and combating money laundering and terrorist financing, as well as on amending and supplementing certain legal acts; Order of the Minister of Justice no. 4302/C/2021 on updating for 2021 the number of notary public posts for trainee notaries who will pass the final exam; Law no. 50/1991 on the authorisation of building works; GEO No 8/2009 on the granting of holiday vouchers and Law No 165/2018 on the granting of vouchers; Law No 7/1996 on land registry and real estate advertising; Law No 241/2005 on preventing and combating tax evasion. At the same time, the ECHR judgment of 2 November 2021 in the case of S.C. Uzinexport - S.A. against Romania was published in the Official Gazette in December.

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Adaptarea contractelor individuale de muncă la provocările secolului XXI
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Adaptarea contractelor individuale de muncă la provocările secolului XXI

Author(s): Valentina Lidia Zărnescu (Lupu) / Language(s): Romanian / Issue: 12/2021

A basic principle of employment law is that the parties of an employment agreement are free to negotiate the contractual terms, by taking into consideration the legal restrictions. Thus, the contracting parties may agree to adapt the standard form of the employment agreement to fit their own current needs, by including any clause not contrary to imperative statutory provisions, public order or good morals. This study aims to present the most common clauses not regulated by the Labor Code, based on the relevant case law and academic research literature, considering the development of labour relationships in the pandemic context.

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Administracyjna „legislacja covidowa” w świetle zasad tworzenia prawa

Administracyjna „legislacja covidowa” w świetle zasad tworzenia prawa

Author(s): Maciej Szmigiero / Language(s): Polish / Issue: 34 (2)/2021

This paper evaluates Polish administrative legislation aimed at counteracting infections and a more effective fight against COVID-19, the infectious disease caused by SARS-CoV-2. This legislation is also a response to the inevitable negative social and economic effects. It takes the form of draft laws prepared by the Council of Ministers or normative acts issued by the government administration. These acts are referred to as “Covid legislation”. The broad understanding of administrative legislation presented in the article covers the procedures for drafting laws submitted to the Sejm by the Council of Ministers, regulated by the provisions of the Act of 8 August 1996 on the Council of Ministers and by Resolution No. 190 of the Council of Ministers of 29 October 2013 – Rules of Procedure of the Council of Ministers. In this context, the author analyses the procedure for the preparation of the draft law of 2 March 2020 on special solutions related to the prevention of, counteracting and combating COVID-19, other infectious diseases and the crises caused by them. The “Covid legislation” created by the government administration – both in the form of regulations and draft laws – focused many dysfunctions, which include the hasty and chaotic creation of government documents, frequent changes to regulations resulting from their underdevelopment, violation of the principles of correct legislation, including disregard to the element of social participation in the law-making process, or creation of the “law of the spectacle”. The phenomenon is exacerbated by the quick adoption of laws by the parliament, often devoid of much reflection. The urgency of creating legal regulations in the aftermath of the COVID-19 epidemic and their incidence is only a partial justification for the dysfunctions identified. The changes in the legislative procedure proposed by the author, involving the establishment of a fast-track government legislative path, which, however, does not rule out a broader evaluation of draft laws, may constitute a small, though important element in the necessary improvement of law-making standards.

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ALTERNATIVE DISPUTE RESOLUTION AND INDIVIDUAL LABOUR CONFLICTS: A DIFFERENT WAY OF MANAGING ORGANIZATIONAL DISPUTES

ALTERNATIVE DISPUTE RESOLUTION AND INDIVIDUAL LABOUR CONFLICTS: A DIFFERENT WAY OF MANAGING ORGANIZATIONAL DISPUTES

Author(s): Dana Volosevici / Language(s): English / Issue: 2/2021

Organizational conflict as is considered legitimate and inevitable and may constitute a positive indicator of effective organizational management. This paper aims to analyse the legal provisions which establish the alternative dispute resolution methods and procedures regarding the individual labour conflicts through conciliation and mediation.

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Amnestička kriza Kriznog štaba
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Amnestička kriza Kriznog štaba

Author(s): Vesna Rakić Vodinelić / Language(s): Serbian

Naša skrpljena Vlada nastavila je sa izdavanjem nesuvislih saopštenja koja, osim što nemaju veze sa zdravim razumom, protivreče Ustavu i zakonima Srbije. I ma koliko da se čovek već navikao da živi u pravnom limbu, ispraznom prostoru koji je svuda, pa i ovde, nekad bio popunjen osnovnim pravilima ponašanja u svakodnevnom životu, ne može da prestane da se čudi. A dok se mi čudimo oni nastavljaju sa svojim svečano, nekad i dramatično predstavljenim besmislicama koje nemilice bacaju u etar, kao da je tu središte naših života i smrti. Sad su namerili da dopunjavaju Zakon o zaštiti stanovništva od zaraznih bolesti, iako je baš taj Zakon, i to upravo u vremenima pandemije, jedan od onih koji se sa komocijom, ignorancijom i arogancijom zvaničnika, uopšte ne primenjuje.

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An Analysis of the Concept of Disability Benefit in Social Security Law: a Rights-Based Interpretive Approach

An Analysis of the Concept of Disability Benefit in Social Security Law: a Rights-Based Interpretive Approach

Author(s): Mashele Rapatsa / Language(s): English / Issue: 3/2021

South Africa’s constitutional supremacy system has promulgated a variety of legislative instruments that protects people living with disabilities. In terms of labour laws governing employment relationships, this is particularly buttressed by a wide range of existing antidiscrimination doctrines, laws and policy measures that prohibits unfair differentiation of persons and discrimination based on a person’s disability status. This article analyses the contextual meaning of a disability benefits, with specific focus on critical component of the definition in accordance with the provisions of Labour Relations Act 66 of 1995 (LRA), Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) and the Occupational Health and Safety Act 85 of 1993 (OHS).This is important because social security measures are in principle predicated on alleviating possible suffering that occurs when a person is incapable of sustaining oneself socio-economically. Therefore, the article captures a rights-based argument that embraces an all-encompassing meaning of disability benefit in order to fulfill the spirit and purport of the Constitution’s social security initiative regarding workplace incidents that render an employee to be disabled. Methodologically, the article adopted a traditional doctrinal legal approach. It is asserted that there is in inherent interaction between disability and poverty. Hence, it is crucial for poverty alleviation mechanisms to capture disability as a ground of justification when determining the safety net of disability benefits. This is because an employee who become disabled is more vulnerable to poverty and associated socio-economic risks, and is likely to experience acute impediments in various social settings.

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Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice

Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice

Frequency: 2 issues / Country: Romania

Scientific Annals of Alexandru Ioan Cuza University of Iași, Juridical Sciences Series, is a publication with tradition in the field of legal sciences.

The Journal includes research work of teachers, visiting professors, researchers and PhD students from the Faculty of Law of Alexandru Ioan Cuza University of Iasi.

Annals of Alexandru Ioan Cuza, Juridical Sciences Series contain analysis of specific issues of law, subscribed to the four cardinal points of legal taxonomy - Public Law, Criminal Law and Criminal Sciences, Private Law, International and European law - dubbed the reviews and comments of jurisprudence.

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Analiza konstytucyjności ograniczeń w korzystaniu z wolności religii podczas pandemii koronawirusa w Polsce

Analiza konstytucyjności ograniczeń w korzystaniu z wolności religii podczas pandemii koronawirusa w Polsce

Author(s): Konrad Dyda,Marcin Olszówka / Language(s): Polish / Issue: 23/2020

The need to prevent the development of the SARS-CoV-2 coronavirus pandemic makes it necessary to maintain physical distance to comply with various types of sanitary standards. However, when restrictions imposed by public authorities lead to limiting the exercise of human rights and freedoms, they must be laid down in normative acts of appropriate form and content. Meanwhile, many of the restrictions introduced by the Polish authorities with a view to combatting the pandemic, which restricted the exercise of freedom of religion, did not meet the standards defined by the Polish Constitution.

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Annuity and life annuity contract used as a home reversion

Annuity and life annuity contract used as a home reversion

Author(s): Katarzyna Dziewulska / Language(s): English / Issue: 33 (1)/2021

Equity release services are becoming increasingly popular nowadays. They are a remedy for the financial problems of seniors who do not have enough money to support themselves and cannot count on family support. In practice, these services are provided under a sales model and the entrepreneurs offering them (mortgage funds) treat their business activities commercially as a way to increase their profits. The credit model, despite its regulation, does not work in practice. At the same time, the basis for the economic activity of these funds are the regulations governing annuity (Pl: renta) and life annuity (Pl: dożywocie) contracts – legal institutions with a maintenance function, whose aim is to help with maintenance. The importance of this function means that the debtor, as a party to annuity contracts, should not focus on making a profit, but on the material or personal support of the recipient. A discrepancy has therefore arisen between the maintenance function of annuity and life annuity and the commercial nature of the business of home reversion service providers, which distorts the essence of the former. Therefore, the legitimacy of invoking Articles 903-916 of the Civil Code to home reversion services should be questioned and the aim of this paper is to examine such legitimacy. The analysis leads to the conclusion that annuity and life annuity contracts, due to their maintenance function, are not an appropriate legal basis for a reverse mortgage. The discussion is based on the theoretical method, in particular on a causal and critical analysis.

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ANONYMITY AND OPENNESS IN GAMETE DONATION: THE RUSSIAN POLICY ON THE THIRD-PARTY REPRODUCTION

ANONYMITY AND OPENNESS IN GAMETE DONATION: THE RUSSIAN POLICY ON THE THIRD-PARTY REPRODUCTION

Author(s): Rafał Łukasiewicz,Angelo Viglianisi Ferraro / Language(s): English / Issue: 3/2021

The Russian Federation is one of the few jurisdictions where recipients and gamete donors have a wide scope of choice between anonymous, identifiable, and known donations. This paper examines how the Russian law regulates this sphere and how it is applied in practice basing on data collected in the largest reproductive cells bank in Russia. It demonstrates that the Russian Federation should be regarded as a country in which there is no single dominant approach to the matter of donor anonymity. The assessment of this ‘freedom of choice’ is not unambiguous. It gives recipients and donors the right to decide which option is the most suitable for their needs and motivations, simultaneously not resolving which values take precedence over others. The donor-conceived persons’ right to disclose donor’s identifying data sometimes may conflict with the donor’s right to protect their privacy and usually, jurisdictions decide which one has the priority.

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ANTI-COVID LABOUR LAW IN POLAND

Author(s): Jakub Stelina / Language(s): English / Issue: 1/2021

A comprehensive assessment of the anti-Covid policy in Poland will be possible after the epidemic has ceased, its social and economic consequences being fully known. However, certain reflections in that respect arise even now. The state's response speed should be assessed positively. Actions to prevent the negative economic effects of the epidemic were taken before the first case of the coronavirus occurred in this country. Attention should also be paid to the flexible reaction of the state to the emerging problems, as evidenced by subsequent amendments to the Anti-Crisis Shield. It seems that targeting the support instruments towards maintaining employment and protection of the existing jobs has brought about good results.

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Aplicabilitatea interdicțiilor temporare de concediere în cazul încetării contractului individual de muncă pe durata sau la sfârșitul perioadei de probă
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Aplicabilitatea interdicțiilor temporare de concediere în cazul încetării contractului individual de muncă pe durata sau la sfârșitul perioadei de probă

Author(s): Maria Violeta Duca / Language(s): Romanian / Issue: 03/2021

The interpretation and the application of the provisions of Article 31 (3) and Article 60 of the Labour Code have led to the existence of a non-unitary judicial practice and to the expression of some divergent positions in the doctrine as regards the applicability of the temporary prohibitions on dismissal in case of termination of the individual labour contract at the initiative of the employer, during or at the end of the period of probation. In a first doctrinal and jurisprudential orientation it is argued that Article 60 of the Labour Code is not applicable, because we are not in the presence of a dismissal, but of a separate case of termination of the individual labour contract at the initiative of the employer. The second opinion argues the thesis according to which the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation is also a case of dismissal, the legislative derogations aiming only at simplifying the dismissal procedure during the period of probation, and not at removing the temporary prohibitions on dismissal provided by Article 60 of the Labour Code. The paper emphasizes that, by applying the rules of interpretation of the domestic legal norms and the principle of interpretation in compliance of the national law with European Union law, it follows that the termination of the individual labour contract at the initiative of the employer during or at the end of the period of probation must be qualified as dismissal. In accordance with the principle of equal treatment and in order to ensure the useful effect of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, the corroborated interpretation of the provisions of Article 60 and Article 31 (3) of the Labour Code reflects the applicability of the temporary prohibitions on dismissal and in case of termination of the individual labour contract of the employee during the period of probation.The employees on probation enjoy the right to health and safety at work and the right to annual rest leave under the same conditions as the employees whose labour relations have been strengthened, with no express legal derogation as concerns the benefit of these rights. De lege lata, the difference in treatment is enshrined in law only for restricting the right to protection against dismissal, not for the restrictions brought to these fundamental rights as well.

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