Înţelesul noţiunii de „abatere disciplinară" În lumina jurisprudenţei și a dreptului comparat

The present article discusses the problematic aspects related to the concept of "disciplinary misconduct" in the light of jurisprudence. Given the lapidary content of the normative text, which does not include a list of facts that may constitute disciplinary misconduct, the jurisprudence i...

Full description

Saved in:
Bibliographic Details
Published inRevista română de dreptul muncii no. 1; pp. 60 - 70
Main Author Marica, Mihaela
Format Journal Article
LanguageRomanian
Published Bucharest Wolters Kluwer Romania SRL 01.01.2024
Subjects
Discipline
Jurisprudence
Labor law
Professional misconduct
Cyprus
Switzerland
Russia
Spain
Online AccessGet full text

Cover

More Information
Summary:The present article discusses the problematic aspects related to the concept of "disciplinary misconduct" in the light of jurisprudence. Given the lapidary content of the normative text, which does not include a list of facts that may constitute disciplinary misconduct, the jurisprudence is essential for the depth of nuances and for the identification of differences of interests in the relationship between employer and employees. All these jurisprudential additions support employers in the process of prior disciplinary investigation and, especially, in choosing the most appropriate disciplinary sanction among those provided by the Labor Code. As the misconduct problem is complex both in terms of the current regulatory framework and judicial practice, this article will identify some of the most common practical hypotheses corresponding to the concept of disciplinary misconduct in the light of internal jurisprudence, but also from comparative law by reference to states such as Cyprus, Spain, Russia, Switzerland.
ISSN:1582-7534
2286-0606