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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Format: | Article |
Language: | English |
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Nicolae Titulescu University Publishing House
2012-05-01
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Series: | Challenges of the Knowledge Society |
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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. |
format | Article |
id | doaj-art-0c75ce6ccad34321b647d2f3fab3daac |
institution | Kabale University |
issn | 2068-7796 |
language | English |
publishDate | 2012-05-01 |
publisher | Nicolae Titulescu University Publishing House |
record_format | Article |
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 |
work_keys_str_mv | AT andrapurandascalu generalaspectsregardingthepriordisciplinaryresearch AT ramonaduminica generalaspectsregardingthepriordisciplinaryresearch |