Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability
Given the mandatory nature of the preliminary disciplinary investigation procedure, this disciplinary process to which employees are submitted can be divided into three main phases, namely the phase prior to the employee's summoning, the moment of the employee's hearing and the phase follo...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
ADJURIS – International Academic Publisher
2023-10-01
|
| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | https://www.adjuris.ro/revista/articole/An12v3/11.%20Mihaela%20Marica%20EN.pdf |
| _version_ | 1797304044436324352 |
|---|---|
| author | Mihaela Emilia Marica |
| author_facet | Mihaela Emilia Marica |
| author_sort | Mihaela Emilia Marica |
| collection | DOAJ |
| description | Given the mandatory nature of the preliminary disciplinary investigation procedure, this disciplinary process to which employees are submitted can be divided into three main phases, namely the phase prior to the employee's summoning, the moment of the employee's hearing and the phase following employee's investigation. Clarity on these stages and the proceedings corresponding to each of them, is essential for the validity of the disciplinary sanction. As the disciplinary process is complex both in terms of the current regulatory framework and judicial practice, the present article addresses some aspects of the preliminary disciplinary investigation procedure, with special focus on the problems identified in the phase prior to the employee's summoning to the disciplinary investigation. We will consider both descriptive technical elements and elements that generate significant divergences or controversy over practical matters. The comparative law elements presented will also highlight how other legal systems regulate issues relating to the procedure for imposing disciplinary sanctions. The legal regulations of Bulgaria, the United Kingdom, Cyprus, New Zealand are presented. |
| first_indexed | 2024-03-08T00:02:40Z |
| format | Article |
| id | doaj.art-0de2c7f824c846c49be39e39e3a94b20 |
| institution | Directory Open Access Journal |
| issn | 2601-7830 |
| language | English |
| last_indexed | 2024-03-08T00:02:40Z |
| publishDate | 2023-10-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-0de2c7f824c846c49be39e39e3a94b202024-02-17T16:10:10ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302023-10-01123414419Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability Mihaela Emilia Marica 0Faculty of Law, Bucharest University of Economic Studies, RomaniaGiven the mandatory nature of the preliminary disciplinary investigation procedure, this disciplinary process to which employees are submitted can be divided into three main phases, namely the phase prior to the employee's summoning, the moment of the employee's hearing and the phase following employee's investigation. Clarity on these stages and the proceedings corresponding to each of them, is essential for the validity of the disciplinary sanction. As the disciplinary process is complex both in terms of the current regulatory framework and judicial practice, the present article addresses some aspects of the preliminary disciplinary investigation procedure, with special focus on the problems identified in the phase prior to the employee's summoning to the disciplinary investigation. We will consider both descriptive technical elements and elements that generate significant divergences or controversy over practical matters. The comparative law elements presented will also highlight how other legal systems regulate issues relating to the procedure for imposing disciplinary sanctions. The legal regulations of Bulgaria, the United Kingdom, Cyprus, New Zealand are presented. https://www.adjuris.ro/revista/articole/An12v3/11.%20Mihaela%20Marica%20EN.pdfdisciplinary proceduredisciplinary sanctionsemployeework discipline |
| spellingShingle | Mihaela Emilia Marica Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability Perspectives of Law and Public Administration disciplinary procedure disciplinary sanctions employee work discipline |
| title | Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability |
| title_full | Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability |
| title_fullStr | Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability |
| title_full_unstemmed | Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability |
| title_short | Elements to Be Considered Prior to Summoning the Employee to a Disciplinary Investigation. Establishment of Disciplinary Misconduct Committed by the Employee and the Conditions for Disciplinary Liability |
| title_sort | elements to be considered prior to summoning the employee to a disciplinary investigation establishment of disciplinary misconduct committed by the employee and the conditions for disciplinary liability |
| topic | disciplinary procedure disciplinary sanctions employee work discipline |
| url | https://www.adjuris.ro/revista/articole/An12v3/11.%20Mihaela%20Marica%20EN.pdf |
| work_keys_str_mv | AT mihaelaemiliamarica elementstobeconsideredpriortosummoningtheemployeetoadisciplinaryinvestigationestablishmentofdisciplinarymisconductcommittedbytheemployeeandtheconditionsfordisciplinaryliability |