The proof that the legal or contractual norms were breached and the guilt of the employee as items of the disciplinary infringement. The harmful result and the presumed causal link

DREPTUL MUNCII ȘI SECURITĂȚII SOCIALE

Abstract

In disciplinary matters, if the other components of the offense are proven – breach of legal or contractual rules and guilt – the harmful outcome and causal link are presumed. By committing the disciplinary misdemeanor, the employee affects the work relations, the employer’s internal order, the discipline at the workplace. Consequently, it is unnecessary to prove that the illegal action committed by the employee caused an effective harm because the simple breach of the employee’s obligations at the workplace is presumed to have a harmful result on the work relations and discipline at the workplace.