Abatere disciplinară. Vinovăția angajatului. Informarea acestuia cu privire la obligațiile de serviciu. Limitele obligației angajatorului.
Misbehavior. The guilt of the employee. Informing him / her of the service obligations. Limits of the employer's obligation.

Summary/Abstract: Case law comentary.In order to verify whether the employee committed the offense that constitutes disciplinary offense, it is necessary to consider whether the employer has fulfilled his obligation to inform him of the job-specific duties in accordance with Article 17 of the Labor Code. In the interpretation of Article 17 of the Labor Code in accordance with Article 2 of Directive 91/533 / EEC, the employer must not inform the employee of the service obligations which constitute a fundamental element of the principle of the performance in good faith of the contracts, and in particular employment contracts.

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