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Some Theoretical and Practical Elements Concerning the Communication of Disciplinary Decisions. Elements of Comparative Law

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  • Mihaela MARICA

    (Faculty of Law, Bucharest University of Economic Studies, Romania)

Abstract

This article discusses some theoretical and practical elements regarding the communication of disciplinary decisions to an employee who is guilty of committing violations of the rules that define the work discipline at the level of the unit. It contains the analysis of two communication perspectives: 1) Communication of the disciplinary sanctioning decision in the terms and under the conditions provided for by art. 252 para. (3) and (4) of the Labor Code and 2) the communication of the disciplinary sanctioning decision by electronic means in the light of the amendments introduced by Government Emergency Ordinance no. 36/2021 on the use of electronic signature in the field of labor relations. Also considered as a reference case is Decision No. 34/2016 of the High Court of Cassation and Justice with reference to the possibility of communicating dismissal decisions by electronic mail in order to distinguish what the legal hypotheses in this regard are in practice. In order to better understand the legislative optics regarding the communication of disciplinary decisions, some elements of comparative law are given as an example, with reference to countries such as Georgia and Austria.

Suggested Citation

  • Mihaela MARICA, 2024. "Some Theoretical and Practical Elements Concerning the Communication of Disciplinary Decisions. Elements of Comparative Law," Review of Law and Social Studies, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 14-20, July.
    • Handle: RePEc:sja:journ2:v:1:y:2024:i:1:p:14-20
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    More about this item

    Keywords

    disciplinary liability; dismissal; gross breach of labor discipline; labor law.;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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