Considerations on Disciplinary Sanctions Applicable to Employees. Elements of Comparative Law

Abstract

The present article discusses the problematic aspects pertaining to the disciplinary sanctions applicable to employees who commit breaches of the rules defining work discipline. It contains an analysis of the categories of disciplinary sanctions provided for by the Labour Code: written warning; demotion, with the salary corresponding to the position to which the demotion was ordered, for a period not exceeding 60 days; reduction of the basic salary for a period of 1-3 months by 5-10%; reduction of the basic salary and, where applicable, of the management allowance for a period of 1-3 months by 5-10%; disciplinary termination of the individual employment contract. The article highlights, on the one hand, the specifics of domestic regulations with consideration of the most important aspects of case law, and on the other hand, it offers elements of comparative law with reference to countries such as Belgium, Dominican Republic, France, Cyprus in order to provide the legislative optics of other countries as well as reveal the problems in this field of labour law.

Keywords

• disciplinary sanctions
• written warning
• employment contract
• misconduct