17. Conţinutul (din punct de vedere formal) deciziei de suspendare conform art. 52 alin. (1) lit. a) C. mun. Momentul în care se poate dispune o asemenea suspendare
17. The contents (from the official point of view) of the decision on suspension according to art. 52 para. (1) letter a) of the labour Code. The time when such a suspension may be ruled
Author(s): Oana Cristina NiemeschSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: suspension measure; disciplinary investigation; non‑disciplinary suspension; procedural timing
Summary/Abstract: In relation to the decision under which the measure of the suspension is taken under art. 52 of the labour Code, the legislator did not provide a default content. Given the fact that the suspension itself is not a disciplinary sanction, there is no reason to assimilate the mandatory content of the decision stating the misbehavior provided by art. 252 of the labour Code to the decision to suspend the employment relationships. At any time after the beginning of the disciplinary investigation up to its completion, the employer may cause the enforcement of the provisions of art. 52 para. (1) letter a) of the labour Code, and it is possible that such a measure should intervene at the same time with the beginning of the disciplinary investigation or subsequently, after the disciplinary investigation has been begun and is in progress.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 01
- Page Range: 94-102
- Page Count: 9
- Language: Romanian
- Content File-PDF
