16. Disciplinary violation committed during the prior disciplinary investigation of another disciplinary violation Cover Image
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16. Abatere disciplinară comisă în perioada cercetării disciplinare prealabile a unei alte abateri disciplinare
16. Disciplinary violation committed during the prior disciplinary investigation of another disciplinary violation

Author(s): Cristina Gabriela Frenţiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: labor law; employment termination; disciplinary investigation; retirement conditions; invalidity pension;

Summary/Abstract: The provisions of art. 56 paragraph (1) letter c) of the Labor Code set forth two ways of de jure termination of the individual employment agreement: the first shall be a consequence of the cumulative fulfilment of the standard conditions of the age of employment and of the minimum contributory period for retirement provided by Law no. 263/2010 on the unitary system of public pensions (art. 53 and Appendix no. 5 to the Law), and the second way shall refer to the invalidity pension, the partial anticipated pension, the anticipated pension and the old-age pension by reducing the standard age of the retirement.Committing a further infringement by the employee during the disciplinary investigation initiated for the first offense detained obliges the employer, according to the norm of principle – art. 251 par. 2 of the Labour Code, republished, to summon an employee to preliminary disciplinary investigation. Being a new disciplinary offense, it involves ex lege another (new) mandatory prior disciplinary investigation.

  • Issue Year: 2015
  • Issue No: 05
  • Page Range: 103-107
  • Page Count: 5
  • Language: Romanian
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