OPINII ASUPRA SUSPENDĂRII DIN INIȚIATIVA ANGAJATORULUI A CONTRACTULUI INDIVIDUAL DE MUNCĂ PE DURATA CERCETĂRII DISCIPLINARE PREALABILE

One of the situations in which the employer has the initiative to suspend the individual labour contract of the employee is the one regulated by Article 52 (1) a) of the Labour Code, i.e. during the preliminary disciplinary investigation. The employer may not exercise the right abusively conferred by the law, a fact which has been accepted both in doctrine and in case-law. In the absence of some clarifications within the content of the mentioned legal provision, some issues are raised in relation to the existence of a maximum duration of the disciplinary investigation and to the relevance in this regard of the period during which the decision to apply a disciplinary sanction may be issued, as well as in relation to the reasons likely to justify the decision to suspend the individual labour contract.