The Right to Defense of the Employees in the Context of the Application of the Written Warning Sanction Cover Image

Dreptul la apărare al salariaţilor în contextul aplicării sancţiunii avertismentului scris
The Right to Defense of the Employees in the Context of the Application of the Written Warning Sanction

Author(s): Bogdan Ioniţă
Subject(s): Labor relations, Penal Policy, Labour and Social Security Law
Published by: Editura Pro Universitaria
Keywords: disciplinary inquiry; disciplinary liability; disciplinary sanction; written warning; right to defense;

Summary/Abstract: The existence and application of the rules of labor discipline represent a sine qua non conditions in order to ensure an optimal environment for performing the activity of the employer, contributing to the ordering of the employees' behavior, materialized, in this matter, by complinance the rules imposed by law, by the employer or assumed through the contracts either of individual and / or, as the case may be, of collective labor contracts. Violation of these rules can lead to the application of disciplinary sanctions for the employees who prove a behavior that does not comply with the standards required by law, by the employer or contractually agreed. The Labor Code establishes the principle of the legality of the disciplinary sanction, expressly and exhaustively establishing the sanctions that can be applied to the employees, by reference to the gravity of the disciplinary offence committed, gravity that is quantified by means of individualization criteria, such as the circumstances in which the deed was committed, the consequences disciplinary offence, degree of guilt of the employee, etc. The present study aims to analyze the importance of respecting the right of defense of the employees with special regard to the hypothesis of applying the disciplinary sanction of the written warning.

  • Issue Year: 1/2019
  • Issue No: 2
  • Page Range: 251-257
  • Page Count: 7
  • Language: Romanian