Despre importanta regulamentului intern ca izvor de drept specific dreptului muncii
Regarding the Importance of Internal Regulations as Specific Source of the Labor Law
Author(s): Raducan OpreaSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: internal regulations; labor discipline; sanction; disciplinary offense; legislative technique.
Summary/Abstract: The employer has the prerogative to establish the rules of operation of the unit through its internal regulations, but its drawing is also an obligation, its non-fulfillment is subject to indirect sanctions. The internal regulations may be subject to collective bargaining only if the employer wishes to derogate in favor of the employees. Through its regulations, mainly, problems of disciplinary order are correctly set, according to the labor legislation, but it has a much wider area. Regarding “the specific rules of the labor discipline in the unit, to the different legal solutions in the literature, we rally to the rigors of the legislative technique concerning “the area of the proposed solutions” in any law and provision. The drawing up the internal document of the employer – the internal regulations- should have such rules as a model.
Journal: Jurnalul de Studii Juridice
- Issue Year: VII/2012
- Issue No: Suppl. 3
- Page Range: 205 - 219
- Page Count: 14
- Language: English