Some considerations on disciplinary liability overlapping criminal liability

Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful actio

Considerations on replacing and suspending disciplinary sanctions. The issue of granting compensation for ungrounded or unlawful disciplinary sanctions

Court's ability to replace the disciplinary sanction imposed by the employer with an easier one is the power to individualize employee's disciplinary sanction imposed by the general statutory criteria – the circumstances of committing the crime, the degree of culpability of the employee consequences of a disciplinary offence, the general behaviour of the employee and any disciplinary sanctions previously incurred. Another issue under discussion and which was not brought about a unified point of view is about the possibility of temporary suspension of disciplinary decision enforcement, pending resolution of the challenge which the court was invested with. This is why it's necessary the intervention of the legislator as statuary express the legal nature of the disciplinary decision. In all cases where the court ordered the annulment of illegality punish the employee who suffered an injury will receive compensation under article 52, paragraph 2, article 78 or, where appropriate, article 269 paragraph 1 of the Labour Code