DISCUȚII CU PRIVIRE LA INCIDENȚA RADIERII SANCȚIUNII DISCIPLINARE ȘI ÎN CAZUL APLICÃRII SANCȚIUNII DESFACERII DISCIPLINARE A CONTRACTULUI INDIVIDUAL DE MUNCÃ

Once the Labor Code (Law no. 53/2003, republished on 18 May 2011) was supplemented with art.248 para.(3) regulating the deletion by law of the disciplinary sanction imposed (obviously under certain conditions), a controversy arose in the Romanian labor law doctrine in the sense whether the said legal norm is incident or not and whether the sanction imposed resulted in the disciplinary termination (dismissal) of the individual employment contract. In this study, after an extensive reasoning, a positive conclusion related to the raised controversy is reached also analyzing a number of this conclusion’s legal implications.