14. Demisie. Nerespectarea termenului de preaviz. Consecințe. Sancționare disciplinară. Obligativitatea efectuării cercetării disciplinare prealabile
14. Resignation. Failure to observe the notice period. Consequences. Disciplinary sanction. Obligation to carry out the preliminary disciplinary investigation

Summary/Abstract: By derogation from the obligation to respect the notice period when the employer does not waive his right under art. 81 par. 8 of the Labour Code, republished, the employee may resign without notice if the employer fails to fulfill its obligations under the individual employment contract. Prior disciplinary research, hearing the employee and the verification of his claims before applying the disciplinary sanction is a prerequisite, which is mandatory to fulfill because the disciplinary sanction can only be applied if the requirement of the law was satisfied, the provisions of art. 251 having the nature of a protection measure in order to prevent unjustified disciplinary sanctions.

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