Răspunderea disciplinară – formă unică de răspundere specifică dreptului muncii?
Disciplinary liability – is it a unique form of liability specific to the labour law?

Summary/Abstract: The legal institution of disciplinary liability, applicable to all categories of working people, including the same essential elements, but with differentiations from one category to another, has its origin in labor law. However, stricto sensu, it can be argued that the institution of disciplinary liability is specific to labor law by reference to the categories of persons who provide work outside of legal relationships.In labor law, the prerogative of direction is concentrated, by legal dispositions, in the hands of the employer. By respecting the legal norms, public order, rights and freedoms of employees, the prerogative of direction is the autonomous and unilateral product of the employer’s will. Subsequently, both normative and disciplinary prerogatives, as derivatives of directives, acquire the same quality.The existence of the individual labor contract makes it possible to apply disciplinary liability, as it is conceived by the Labor Code, only to those who acquire the status of an employee and the legal norms that regulate it preserve their immutable character at the level of any employer. However, the concrete content of disciplinary liability differs from one employer to another, due to the regulatory nature of it.The limited nature of the direct intervention of the legislator in the regulation of the prerogative of direction, of the normative and the disciplinary prerogatives gives specificity to the disciplinary accountability of labor law. Disciplinary liability can be regarded as a single form of liability by concentrating the disciplinary prerogative as a derivative of the power of direction under the law in the hands of the employer, by virtue of the negotiated nature of the individual labor contract that is the source of the employment relationship.

• Details
• Contents