Înţelesul noţiunii de "abatere disciplinară" în lumina jurisprudenţei şi a dreptului comparat

Lect. univ. dr. Mihaela MARICA

Facultatea de Drept, Academia de Studii Economice Bucureşti

ABSTRACT

The present article discusses the problematic aspects related to the concept of “disciplinary misconduct" in the light of jurisprudence. Given the lapidary content of the normative text, which does not include a list of facts that may constitute disciplinary misconduct, the jurisprudence is essential for the depth of nuances and for the identification of differences of interests in the relationship between employer and employees. All these jurisprudential additions support employers in the process of prior disciplinary investigation and, especially, in choosing the most appropriate disciplinary sanction among those provided by the Labor Code. As the misconduct problem is complex both in terms of the current regulatory framework and judicial practice, this article will identify some of the most...