Assistance in disciplinary investigations

For the application of a disciplinary sanction, except for a written warning, a disciplinary investigation is mandatory, respecting the employee’s right of defense. The purpose of the investigation is to establish guilt, without which the disciplinary sanction will have no legal value.

The law provides in para. (4) of Article 251 of the Labour Code: “During the preliminary disciplinary investigation, the employee has the right to formulate and defend all defenses in his favor and to provide the person authorized to investigate with all the evidence and reasons he considers necessary, as well as the right to be assisted, at his request, by a lawyer or a representative of the trade union of which he is a member.”

The employer is obliged to comply with the legal provisions laid down by law and to follow the entire procedure towards the employee, and if he does not comply, the employee can go to court.

One of our romanian lawyers can advise you on how to start and carry out the preliminary investigation or advise you on your situation and rights.