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 propos...

According to art. 17 para. 6 of the Labor Code when negotiating, concluding or amending the individual employment contract, any of the parties may be assisted by third parties, according to their own option, respecting the confidentiality of the information provided. This confidentiality must be ensured in accordance with the new provisions of Regulation (EU) 2016/679 on protection of individuals with regard to the processing of personal data p...

The amendments to the Labour Code brought by the new Law no. 213/2020 (entered into force on 3 October 2020) have already sparked some controversery, especially with regard to the role of the new actors introduced in the legal landscape of the Romanian Labour Code, which – it was argued – would unnecessary duplicate the lawyer’s assistance during the course of the employment relationship. The paper aims to examine the opp...

Through numerous decisions of the courts rendered in the settlements of labour conflicts having object petitions against the sanction decision had been annulated the disciplinary sanction acts, given that the violation by the employer of the rules regarding the disciplinary inquiry. In the present study, it is analysed the succession of the juridical operations that must be undertaken in the stage of the disciplinary inquiry and there are empha...

Through numerous decisions of the courts rendered in the settlements of labour conflicts having object petitions against the sanction decision had been annulated the disciplinary sanction acts, given that the violation by the employer of the rules regarding the disciplinary inquiry. In the present study, it is analysed the succession of the juridical operations that must be undertaken in the stage of the disciplinary inquiry and there are emph...