General Aspects Regarding the Misbehaviour- The Only Ground of Disciplinary Liability Cover Image

Aspecte generale privind abaterea disciplinară-singurul temei al răspunderii disciplinare
General Aspects Regarding the Misbehaviour- The Only Ground of Disciplinary Liability

Author(s): Andra Puran, Amelia Singh
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: disciplinary liability; misbehavoiur; work relations

Summary/Abstract: The only ground of disciplinary liability is the misbehaviour. If, while for the two of the other ways of liability- penal and contraventional- the Labour Code lists the actions that are crimes and contraventions, regarding the disciplinary liability, the Code doesn’t contain such determinations but only a definition of the unique ground of this form of liability. Thus, art. 247 Paragraph 2 states that "disciplinary misbehaviour is an action in relation to work and consists of a guilty act or omission committed by the employee by which he violated legal norms, internal rules, the individual employment contract or the applicable collective employment contract, orders and legal dispositions of the hierarchical leaders. " Considering that committing the misbehavior is the mandatory and sufficient condition for disciplinary liability it must be cumulatively fulfilled its constituent elements: the object, the objective side, the subject and the subjective side.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 379-399
  • Page Count: 21
  • Language: Romanian