Skip to main content
Instrumente de accesibilitate

Disciplinary sanction

DISCIPLINARY SANCTION constitutes a coercive measure taken by the employer against the employee who has committed a disciplinary offense and which, as the case may be, temporarily affects the exercise of duties, salary income or determines the termination of the individual employment contract.

A disciplinary offense is an act related to work and consisting of an action or inaction committed with guilt by the employee, by which he has violated the legal norms, the internal regulations, the individual employment contract or the applicable collective labor agreement, the orders and legal provisions of the hierarchical leaders.

According to the Labor Code, the employer has the right:

  • to establish the duties corresponding to each employee, under the conditions of the law and to exercise control over the manner of fulfilling the service tasks.

  • to ascertain the commission of disciplinary offenses and to apply the corresponding sanctions, according to the law, the applicable collective labor agreement and the internal regulations.

The employer may order the application of the disciplinary sanction by a decision issued in writing, within 30 calendar days from the date of becoming aware of the commission of the disciplinary offense, but no later than 6 months from the date of the commission of the act.

 

Disciplinary sanctions that the employer can apply if the employee commits a disciplinary offenseare:

a) written warning;

b) demotion, with the granting of the salary corresponding to the position in which the demotion was ordered for a period not exceeding 60 days;

c) reduction of the basic salary for a period of 1-3 months by 5-10%;

d) reduction of the basic salary and/or, as the case may be, of the management allowance for a period of 1-3 months by 5-10%;

e) disciplinary termination of the individual employment contract.

Disciplinary fines are prohibited, and only one sanction may be applied for the same disciplinary offense.

Dismissal for committing a serious offense or repeated offenses against the rules of labor discipline may be ordered only after the employer has carried out a prior disciplinary investigation. Sanction of absolute nullity, no measure, with the exception of the sanction of "written warning", may be ordered before carrying out a prior disciplinary investigation.

In order to carry out the prior disciplinary investigation, the employee will besummoned in writing by the designated person, by the chairman of the commission or by the external consultant, empowered by the employer, specifying theobject, date, time and place of the meeting.

During the prior disciplinary investigation, the employee has the right to formulate and support all defenses in his favor and to offer the person empowered to carry out the investigation all the evidence and motivations he considers necessary, as well as the right to be assisted, at his request, by a lawyer or by a representative of the union of which he is a member.

Sanctioning decision

  • is communicated to the employee within a maximum of 5 calendar days from the date of issue and takes effect from the date of communication;

  • is handed over to the employee personally, with a signature of receipt, or, in case of refusal to receive it, by registered letter, to the domicile or residence communicated by him;

  • can be challenged by the employee in the competent courts, within 30 calendar days from the date of its communication.