Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law

The present article discusses the problematic aspects pertaining to the disciplinary sanctions applicable to employees who commit breaches of the rules defining work discipline. It contains an analysis of the categories of disciplinary sanctions provided for by the Labour Code: written warning; demo...

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Main Author: Mihaela Emilia Marica
Format: Article
Language:English
Published: ADJURIS – International Academic Publisher 2023-06-01
Series:Perspectives of Law and Public Administration
Subjects:
Online Access:https://www.adjuris.ro/revista/articole/An12nr2/4.%20Mihaela%20Marica%20EN.pdf
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author Mihaela Emilia Marica
author_facet Mihaela Emilia Marica
author_sort Mihaela Emilia Marica
collection DOAJ
description The present article discusses the problematic aspects pertaining to the disciplinary sanctions applicable to employees who commit breaches of the rules defining work discipline. It contains an analysis of the categories of disciplinary sanctions provided for by the Labour Code: written warning; demotion, with the salary corresponding to the position to which the demotion was ordered, for a period not exceeding 60 days; reduction of the basic salary for a period of 1-3 months by 5-10%; reduction of the basic salary and, where applicable, of the management allowance for a period of 1-3 months by 5-10%; disciplinary termination of the individual employment contract. The article highlights, on the one hand, the specifics of domestic regulations with consideration of the most important aspects of case law, and on the other hand, it offers elements of comparative law with reference to countries such as Belgium, Dominican Republic, France, Cyprus in order to provide the legislative optics of other countries as well as reveal the problems in this field of labour law.
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spelling doaj.art-ebbc458e71ff41f28389dc3e8deb40aa2024-02-17T09:44:44ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302023-06-01122185193Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law Mihaela Emilia Marica 0Faculty of Law, Bucharest University of Economic Studies, RomaniaThe present article discusses the problematic aspects pertaining to the disciplinary sanctions applicable to employees who commit breaches of the rules defining work discipline. It contains an analysis of the categories of disciplinary sanctions provided for by the Labour Code: written warning; demotion, with the salary corresponding to the position to which the demotion was ordered, for a period not exceeding 60 days; reduction of the basic salary for a period of 1-3 months by 5-10%; reduction of the basic salary and, where applicable, of the management allowance for a period of 1-3 months by 5-10%; disciplinary termination of the individual employment contract. The article highlights, on the one hand, the specifics of domestic regulations with consideration of the most important aspects of case law, and on the other hand, it offers elements of comparative law with reference to countries such as Belgium, Dominican Republic, France, Cyprus in order to provide the legislative optics of other countries as well as reveal the problems in this field of labour law. https://www.adjuris.ro/revista/articole/An12nr2/4.%20Mihaela%20Marica%20EN.pdfdisciplinary sanctionswritten warningemployment contractmisconduct
spellingShingle Mihaela Emilia Marica
Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law
Perspectives of Law and Public Administration
disciplinary sanctions
written warning
employment contract
misconduct
title Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law
title_full Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law
title_fullStr Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law
title_full_unstemmed Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law
title_short Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law
title_sort considerations on disciplinary sanctions applicable to employees elements of comparative law
topic disciplinary sanctions
written warning
employment contract
misconduct
url https://www.adjuris.ro/revista/articole/An12nr2/4.%20Mihaela%20Marica%20EN.pdf
work_keys_str_mv AT mihaelaemiliamarica considerationsondisciplinarysanctionsapplicabletoemployeeselementsofcomparativelaw