GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH

Disciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current reg...

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Main Authors: ANDRA PURAN (DASCĂLU), RAMONA DUMINICĂ
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2012-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_098.pdf
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author ANDRA PURAN (DASCĂLU)
RAMONA DUMINICĂ
author_facet ANDRA PURAN (DASCĂLU)
RAMONA DUMINICĂ
author_sort ANDRA PURAN (DASCĂLU)
collection DOAJ
description Disciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current regulations in question, kept from the old regulation, provides a protection for employees against abuses made by employers, since sanctions are affecting the salary or the position held, or even the development of individual employment contract. Thus, prior research of the fact that is a misconduct, before a disciplinary sanction is applied, is an essential condition for the validity of the measure ordered. Through this study we try to highlight some general issues concerning the characteristics, processes and effects of prior disciplinary research.
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publisher Nicolae Titulescu University Publishing House
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series Challenges of the Knowledge Society
spelling doaj-art-0c75ce6ccad34321b647d2f3fab3daac2024-12-02T06:16:12ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962012-05-012-949958GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCHANDRA PURAN (DASCĂLU)RAMONA DUMINICĂDisciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current regulations in question, kept from the old regulation, provides a protection for employees against abuses made by employers, since sanctions are affecting the salary or the position held, or even the development of individual employment contract. Thus, prior research of the fact that is a misconduct, before a disciplinary sanction is applied, is an essential condition for the validity of the measure ordered. Through this study we try to highlight some general issues concerning the characteristics, processes and effects of prior disciplinary research.http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_098.pdfdisciplinary misconductdisciplinary sanctionsprior researchliable to disciplinary actionsanctioning decision.
spellingShingle ANDRA PURAN (DASCĂLU)
RAMONA DUMINICĂ
GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH
Challenges of the Knowledge Society
disciplinary misconduct
disciplinary sanctions
prior research
liable to disciplinary action
sanctioning decision.
title GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH
title_full GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH
title_fullStr GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH
title_full_unstemmed GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH
title_short GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH
title_sort general aspects regarding the prior disciplinary research
topic disciplinary misconduct
disciplinary sanctions
prior research
liable to disciplinary action
sanctioning decision.
url http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_098.pdf
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