Aspecte teoretice şi practice în delimitarea necorespunderii profesionale de răspunderea disciplinară
Theoretical and practical aspects in delimiting professional unfit from disciplinary liability

Summary/Abstract: The distinction between indiscipline and professional unfit has long preoccupied the older and newer Romanian legal doctrine and practice, which has come a long way to the clarity we enjoy today. For the Romanian legal system, this clarity was also achieved by clearly delimiting by legislation the grounds on the basis of which the employer may order disciplinary dismissal, respectively dismissal for professional unfit. Some other pragmatic legal systems, this interest in delimiting this legal basis has not been so strong, as they have relied on pragmatically resolving the shortcomings caused by the dysfunctional performance of employees without looking for deep‑rooted explanation referring to psycho‑emotional, cognitive or attitudinal aspects and conduct of employees who have committed acts that have affected the activity of the employer.

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