12. Motive de nulitate a deciziei de concediere disciplinară. Consecinţele necomunicării deciziei în modalităţile prevăzute de lege
12. Grounds for invalidity of the disciplinary decision of dismissal. Consequences of the failure to communicate the decision under the terms provided by law

Summary/Abstract: In case of resorting to the subsidiary way of communicating the disciplinary decision of dismissal, it is important to prove the communication, without the relevance of the fact, whether the addressee receives the letter personally or not. The interpretation and enforcement of the law shall be made in such a manner so that a fair balance should be provided between the contrary interests of the parties, that nor the employee’s right to be notified about the document in which the disciplinary measure was disposed should be affected in any way, neither any obligation should be imposed on the employer, whose performance would exclusively depend on the sanctioned person’s will, when the latter could exercise her right in an abusive manner.

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