THE LEGAL REGULATION OF THE DISMISSAL FOR LABOUR DISCIPLINE INFRINGEMENT Cover Image

REGLEMENTAREA JURIDICA A CONCEDIERII PENTRU INCALCAREA DISCIPLINEI DE MUNCA
THE LEGAL REGULATION OF THE DISMISSAL FOR LABOUR DISCIPLINE INFRINGEMENT

Author(s): Olga Iovu (Garaga)
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: discipline of work; minor offence; disciplinary responsibility; dismissal procedure; employer; employee; individual labour contract; judicial protection; individual labour dispute; constitutional guarantees.

Summary/Abstract: In the given article the main attention has been paid to the research of the bases of cancellation of the individual labour contract for fulfilment of a minor offence; dismissal procedure in this case; mechanisms of protection of the rights of employees at illegal dismissals. The basic way of research of the specified legal categories was the comparative analysis which is made for the first time on the basis of studying of a theoretical, practical and the standard-legal material on a theme. The main objective of the research was revealing of blanks, lacks and discrepancies in legislative regulation of the specified legal categories, and also completion of a missing part of theoretical base on the given theme. As a result of the conclusions and recommendations received on the basis of research the purpose of perfection of the labour legislation regarding to regulation of discipline of work and sanctions for its infringement can be achieved. Also we have an intention to analize the experience of the developed countries on regulation of discipline of work at the enterprises, an order of resolving the individual labour disputes (pre-judicial and legal proceedings), on creation of specialised courts on labour disputes is rather useful. Long practice of functioning of the specified institutes of the judicial power in member countries of the European Union has proved the utility in sense of availability, speed, absence of certain formalities and the big material inputs and, finally, peak efficiency of judgements.

  • Issue Year: V/2010
  • Issue No: Special
  • Page Range: 199-207
  • Page Count: 9
  • Language: Romanian