Comparative examination between disciplinary liability of employees and disciplinary liability of civil servants
Comparative examination between disciplinary liability of employees and disciplinary liability of civil servants

Author(s): Radu Ștefan Pătru
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: public servants; employees; disciplinary liability; cancellation of the disciplinary sanctions;
Summary/Abstract: Disciplinary liability is a category of responsibility specific to labor law and derives from the employer's prerogative to penalize the employee by virtue of the subordination relationship between the parties that characterize the labor relations. The legislator established in the Labor Code art. 251-252 a summary disciplinary investigation of the employee, that is carried out by a person empowered by the employer to investigate the employee. Employer under internal regulation or social partners under a collective labor contract may establish a discipline committee, which is in practice. Law no.188/1999 on the status of civil servants, in art. 77 to 82 regulate the disciplinary liability of civil servants. Unlike the provisions of the Labor Code, Law no. 188/1999 provides a number of additional guaranties for civil servants, such as the enumeration by the legislator of the facts constituting disciplinary misconduct and the commission for the disciplinary investigation. Elements of differentiation between the two occupational categories can also be found in the rehabilitation after disciplinary sanctions. In the present study, the main aspects that characterize the disciplinary liability of employees and civil servants will be analyzed and, on the basis of the analysis, proposals de lege ferenda will be made.

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