Câteva aspecte legate de convocarea salariatului la cercetarea disciplinară prealabilă. Cazul special al telesalariaţilor

Lect. univ. dr. Mihaela Emilia MARICA

Facultatea de Drept, Academia de Studii Economice din Bucureşti

ABSTRACT

Given the complexity of the disciplinary field, both from a normative and jurisprudential point of view, this article discusses the problematic aspects in relation to the method of summoning the employee to the disciplinary investigation - as a first stage of the disciplinary procedure - with an emphasis on the legal regime of teleworkers, in which case the prior disciplinary investigation procedure involves certain particularities. The proposed objective is an important one, in the context in which, on the one hand, the general rules established in disciplinary matters apply to all employees, therefore implicitly teleworkers (which the legislator assimilates to employees without any distinction) and on the other hand, the provisions of Special Law no. 81/2018...