Răspunderea disciplinară a salariatului ca instrument de asigurare a disciplinei muncii
Disciplinary liability of the employee as a legal mechanism for safeguarding labour discipline
Author(s): Iulia Bria, Daniela Pojar, Oxana CiudinSubject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: labor discipline; disciplinary liability, disciplinary procedure; disciplinary sanction; proportionality; employees’ rights;
Summary/Abstract: The present study examines the institution of the employee’s disciplinary liability as a legal means of ensuring labour discipline, analyzing the manner in which it contributes to maintaining order and efficiency within employment relationships. In this context, the legal premises for initiating disciplinary proceedings are explored, together with the procedural stages thereof, the application and effects of disciplinary sanctions, as well as the available remedies for challenging such measures. Particular emphasis is placed on the importance of the principles of legality, proportionality, and individualization of disciplinary sanctions, highlighting the necessity of observing the procedural guarantees afforded to the employee within the framework of the disciplinary investigation. Furthermore, it is argued that labour discipline should not be perceived exclusively as a form of subordination to the employer, but rather as an expression of the internal legal order reflecting the balance between the rights and obligations of the parties to the employment relationship. When applied within the limits prescribed by law, disciplinary liability constitutes a legitimate instrument for strengthening responsibility in the performance of work.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: 15/2026
- Issue No: 1
- Page Range: 477-496
- Page Count: 20
- Language: English, Romanian
