Considerations on replacing and suspending disciplinary sanctions. The issue of granting compensation for ungrounded or unlawful disciplinary sanctions

• Main Authors: Barbu VLAD, Ştefania DUMITRACHE
• Format: Article
• Language: English
• Published: Bucharest University of Economic Studies 2011-06-01
• Series: Juridical Tribune
• Subjects: individualization of disciplinary action; replacing disciplinary; court; disciplinary suspension; compensation; illegal disciplinary sanctions
• Online Access: http://www.tribunajuridica.eu/arhiva/An1v1/nr1/art%203eng.pdf

Court's ability to replace the disciplinary sanction imposed by the employer with an easier one is the power to individualize employee's disciplinary sanction imposed by the general statutory criteria – the circumstances of committing the crime, the degree of culpability of the employee consequences of a disciplinary offence, the general behaviour of the employee and any disciplinary sanctions previously incurred. Another issue under discussion and which was not brought about a unified point of view is about the possibility of temporary suspension of disciplinary decision enforcement, pending resolution of the challenge which the court was invested with. This is why it's necessary the intervention of the legislator as statuary express the legal nature of the disciplinary decision. In all cases where the court ordered the annulment of illegality punish the employee who suffered an injury will receive compensation under article 52, paragraph 2, article 78 or, where appropriate, article 269 paragraph 1 of the Labour Code.