The article discusses the effects of the employee’s absences, especially the unmotivated ones, on the individual employment contract and disciplinary liability. In addition to the analysis of the way in which the employer regulates the conditions of unjustified absences, in the internal documents, the article also presents other types of absences regulated by the Labour Code as well as thestrategies available to the employer to re...

This study aims to analyze the changes in the legal regime of disciplinary liability of public services. Both the old Law no. 188/1999 on the Statute of civil servants by art. 79, as well as the Administrative Code, in its first form, referred to a Government decision on the organization and functioning of Disciplinary Boards. The Constitutional Court, by Decision no. 737/2020 declared the provisions unconstitutional. This situat...

We want to draw attention in this material to the issue of the minimal standards – at national and university level – necessary for the occupation of all teaching positions in higher education – both from internal and external source. They must be analyzed in the system, since the ...

Alongside the labour conflicts referring to the censure of the dismissal decisions, the labour conflicts referring to the disciplinary sanction are frequently met in the courts judicial activity. A significant number of the law suits are solved to the disadvantage of the employer, given that the non-compliance by them, in the moment of the disciplinary decisions’ issuing, with the formal mandatory demands stipulated by the Labour Code.

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 ar...

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 a...

The aim of this article is to analyse the characteristics of disciplinary liability that distinguish senior civil servants from other categories of civil servants. Thus are being analysed the regulations that apply to the fi rst mentioned category of civil servants, their application per se, in order to point out if, based on the legislation in this fi eld, at this point, the disciplinary liability applies to senior civil servants or if...