The Decision to Discipline the Employee with Some References to Its Communication through Online Means of Communication. Elements of Comparative Law

Abstract

Domestically, the field of labour discipline is a complex one, both in terms of legislation and case law. In order to provide a better understanding of how these regulations are implemented in practice, this article reviews some theoretical and practical issues concerning the validity of the decision to discipline an employee, with a focus on the doctrinal and jurisprudential problems identified with regard to the time limit within which the employer may issue the disciplinary decision, the content of the disciplinary decision, the individualisation of the disciplinary sanction in relation to the conclusions of the Disciplinary Committee, and the communication of disciplinary decisions by online means. In addition, in order to provide a clearer technical and legislative overview of the regulations on the issuing of a sanctioning decision, the regulations of other countries are also relevant to this objective, and comparative law elements will be closely examined. Thus, the legal systems of France, Cyprus, the United Kingdom and Georgia are considered.

Keywords

• disciplinary decision
• disciplinary misconduct
• disciplinary liability
• work discipline