Facultatea de Drept / Faculty of Law
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Item REGLEMENTĂRI PRIVIND CARACTERELE JURIDICE ALE INSTITUȚIEI DISCIPLINEI DE MUNCĂ ȘI RĂSPUNDERII DISCIPLINARE A SALARIAȚILOR(2019) Romandaș, Nicolae; Gurin, EduardThe content of this article is dedicated to matters concerning the legal character of the institution of the work discipline and the disciplinary responsibility of the employees. On the basis of the doctrine and legislation the following issues were investigated: the legal (contractual or conventional) character of the disciplinary responsibility of the employees; the delimitation between the disciplinary and the contractual responsibility, highlighting their differences. The article also referred the technological discipline; the production discipline and the psychological aspect of the work discipline.Item REGLEMENTĂRI PRIVIND DREPTUL SALARIATULUI LA CONTESTAREA SANCȚIUNILOR DISCIPLINARE(2019) Romandaș, Nicolae; Gurin, EduardIn this article, the material regarding the right of the employee to contest the disciplinary sanctions, which constitute a constitutional right, was subjected to research. Initially, reference was made to the lawfulness of the order of application of disciplinary sanctions and the familiarization of the employee with their content. The premise of starting the appeal on the employer’s decision, the legal argument according to which the sanction order (provision, decision) can be challenged by the employee in the court under the conditions of art. 355 of the Labor Code of RM wasanalyzed. The judge may order the commencement or refusal to start the trial of the dispute, on the ground that such an act is subject to both substantive and procedural conditions established by the civil-legislation law. Reference has also been made to the role of the Labor Inspectorate, the trade union, which have more the role of negotiating and explaining labor law provisions.Item REGLEMENTĂRI PRIVIND DREPTUL SALARIATULUI LA CONTESTAREA SANCȚIUNILOR DISCIPLINARE(Academia de Administrare Publică, 2019) Romandaș, Nicolae; Gurin, EduardIn this article, the material regarding the right of the employee to contest the disciplinary sanctions, which constitute a constitutional right, was subjected to research. Initially, reference was made to the lawfulness of the order of application of disciplinary sanctions and the familiarization of the employee with their content. The premise of starting the appeal on the employer’s decision, the legal argument according to which the sanction order (provision, decision) can be challenged by the employee in the court under the conditions of art. 355 of the Labor Code of RM wasanalyzed. The judge may order the commencement or refusal to start the trial of the dispute, on the ground that such an act is subject to both substantive and procedural conditions established by the civil-legislation law. Reference has also been made to the role of the Labor Inspectorate, the trade union, which have more the role of negotiating and explaining labor law provisions.