Declanșarea procesului penal – temei pentru suspendarea contractului individual de muncă
Criminal Proceedings – Grounds for Suspending the Individual Employment Contract
Author(s): Mircea GladchiSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: Suspension of the individual employment contract; criminal proceedings; proportionality; presumption of innocence;
Summary/Abstract: This article examines the suspension of the individual employment contract in the context of criminal proceedings, emphasizing the need for a correct and justified application of this measure. Suspension must comply with legal conditions and be well-motivated, establishing a clear connection between the alleged offense and the employee’s function or professional activity. The author explains when suspension is mandatory and when it requires further assessment, such as in cases involving preventive measures imposed by criminal investigation authorities. The importance of respecting the principle of proportionality and the right to the presumption of innocence during the criminal proceedings is highlighted. The article concludes that a thorough and justified assessment of each situation is essential to protect the rights of all parties involved, ensuring that suspension is applied fairly and transparently.
- Issue Year: 1/2025
- Issue No: 21
- Page Range: 161-171
- Page Count: 11
- Language: English, Romanian
