{"title":"员工在工作领域的纪律责任。关于法律性质的思考","authors":"Eduard Gurin","doi":"10.52388/1811-0770.2021.4(246).09","DOIUrl":null,"url":null,"abstract":"This study analyzes in detail the legal nature of the legal institution regarding the disciplinary liability of employees, highlighting the elements of the legal nature. Research into the legal nature of disciplinary liability of employees is a necessity, especially a legal one, because it provides the scientific and practical environment, results and guiding ideas on the correct application of the institution of disciplinary liability of employees in the field of work. In this context, reference was made to the doctrine of labor law in Moldova, Romania, Russia and it was concluded that only the person who is in a legal employment relationship with an employer can be subject to disciplinary misconduct. As a methodology in the elaboration of the article, it constituted the legislative and doctrinal analysis containing norms and interpretations on the institution of disciplinary liability of employees in the field of work. The role of the individual employment contract, the internal regulations of the unit and the collective labor contract, in determining the disciplinary liability of the employee and, as a result, the disciplinary sanction were also not overlooked.","PeriodicalId":83195,"journal":{"name":"The National law journal","volume":"80 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Disciplinary liability of employees in the work field. reflections on the legal nature\",\"authors\":\"Eduard Gurin\",\"doi\":\"10.52388/1811-0770.2021.4(246).09\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study analyzes in detail the legal nature of the legal institution regarding the disciplinary liability of employees, highlighting the elements of the legal nature. Research into the legal nature of disciplinary liability of employees is a necessity, especially a legal one, because it provides the scientific and practical environment, results and guiding ideas on the correct application of the institution of disciplinary liability of employees in the field of work. In this context, reference was made to the doctrine of labor law in Moldova, Romania, Russia and it was concluded that only the person who is in a legal employment relationship with an employer can be subject to disciplinary misconduct. As a methodology in the elaboration of the article, it constituted the legislative and doctrinal analysis containing norms and interpretations on the institution of disciplinary liability of employees in the field of work. The role of the individual employment contract, the internal regulations of the unit and the collective labor contract, in determining the disciplinary liability of the employee and, as a result, the disciplinary sanction were also not overlooked.\",\"PeriodicalId\":83195,\"journal\":{\"name\":\"The National law journal\",\"volume\":\"80 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The National law journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.52388/1811-0770.2021.4(246).09\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The National law journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.52388/1811-0770.2021.4(246).09","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Disciplinary liability of employees in the work field. reflections on the legal nature
This study analyzes in detail the legal nature of the legal institution regarding the disciplinary liability of employees, highlighting the elements of the legal nature. Research into the legal nature of disciplinary liability of employees is a necessity, especially a legal one, because it provides the scientific and practical environment, results and guiding ideas on the correct application of the institution of disciplinary liability of employees in the field of work. In this context, reference was made to the doctrine of labor law in Moldova, Romania, Russia and it was concluded that only the person who is in a legal employment relationship with an employer can be subject to disciplinary misconduct. As a methodology in the elaboration of the article, it constituted the legislative and doctrinal analysis containing norms and interpretations on the institution of disciplinary liability of employees in the field of work. The role of the individual employment contract, the internal regulations of the unit and the collective labor contract, in determining the disciplinary liability of the employee and, as a result, the disciplinary sanction were also not overlooked.