Disciplinary and criminal liability of the employee - Form of legal liability

• Author: Ioan Micle
• Position: Faculty of Legal Science University Aurel Vlaicu of Arad
• Pages: 29-37

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2015), pp.. 29-37

DISCIPLINARY AND CRIMINAL LIABILITY OF THE EMPLOYEE - FORM OF

LEGAL LIABILITY.

I. Micle

Ioan Micle

Faculty of Legal Science

University Aurel Vlaicu ofArad

*Correspondence : University Aurel Vlaicu of Arad

E- mail: danielacret@yahoo.com, drept@uvvg.ro

Abstract

The duration and nature of the employment contract does not have an influence on the

existence of any misbehavior. Any employee with employment contract, either fixed or

indefinite period, even if they are on probation, is likely to respond to disciplinary action.

Also, the person who performs work under a contract of employment which proves to be

invalid is obliged to obey the order and discipline of work, being unable to defend himself

against disciplinary action by invoking vices in the employment contract.

Keywords: disciplinary,featuresdisciplinary liability, labour code, criminal

liability, objective side aspect, the aspect mode ofsanctioning

Introduction

Labor discipline coexist in close correlation with the rights and duties of employees, and is a

complex obligation of any employee, regrding all their duties as a person employed under a

legal labor contract that was completed and registered at the Territorial Labor Inspectorate.

Only the legal duties arising from the legal relationship of employment, based on the

employment contract, are part of labor discipline.

1. Labor discipline - concept and features:

By virtue of relations of subordination, the employee must comply not only to the

general job duties laid down in the legislative measures, individual employment contract,

internal regulations1, but also to the decisions made by the employer by provisions, verbal or

written orders regarding to his duties. Compliance of the orders given by the employer makes

the employee not liable for damage caused to the employer by executing the provision or the

order recieved, provided that the order is not obviously illegal, and, therefore the damage is

not the result of inadequate performance of the given order. Legal literature classifies the

paths of the labour discipline in two categories:

1. Paths of organizational nature, preventive and stimulating: participation of the employees

in organizing, directing and controlling the business units, ensuring this way the educational

and preventive measures, likely to lead to respect for labor discipline; moral and also material

incentives. These are the main ways of making labor discipline.

2. Paths of sanction nature (penalties) Sanctions are embedded in the very legal institution of

disciplinary liability. On the other hand, their regulation is an effective way of preventing

violation concerning the labor discipline, and on the other hand, the sanctions only apply if

illegal acts were committed. They restore, in this case, the disciplinary order. The sanctioning

1 Regarding international documents that govern employment of children and young people, see Boghicevici C,

Botiş N. I, Meianu B, Cre D. C, Nedelcu M, Şipoş F, Politici de ocupare a forei de munc,EdituraVasile

Goldiş University Press, 2010, p. 10.

29