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The legal regulation of the dismissal for labour discipline infringement


Author: Garaga Olga
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2010
Scientific adviser: Boris Sosna
doctor, associate professor (docent), Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 26 August, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document – 0.41 Mb / in romanian
Adobe PDF document – 0.40 Mb / in russian

Summary

From the point of view of structure the thesis consists of introduction, four heads, eleven paragraphs, conclusions, recommendations, the bibliography of 275 sources and 183 pages of basic text. The results of the investigation were published in 13 scientific papers.

Scientific novelty and originality of the results. The thesis represents the first research devoted to a question of dismissal of the employee for misconduct from the point of view of theoretical concepts, proving it, legal regulation and practical realisation of the given disciplinary sanction.

In the given thesis the main attention has been paid to the research of the bases of cancellation of the individual labour contract for fulfilment of a minor offence; dismissal procedure in this case; mechanisms of protection of the rights of employees at illegal dismissals. The basic way of research of the specified legal categories was the comparative analysis which is made for the first time on the basis of studying of a theoretical, practical and the standard-legal material on a theme.

The main objective of the research was revealing of blanks, lacks and discrepancies in legislative regulation of the specified legal categories, and also completion of a missing part of theoretical base on the given theme. As a result of the conclusions and recommendations received on the basis of research the purpose of perfection of the labour legislation regarding to regulation of discipline of work and sanctions for its infringement can be achieved.

Also we have an intention to analize the experience of the developed countries on regulation of discipline of work at the enterprises, an order of resolving the individual labour disputes (pre-judicial and legal proceedings), on creation of specialised courts on labour disputes is rather useful. Long practice of functioning of the specified institutes of the judicial power in member countries of the European Union has proved the utility in sense of availability, speed, absence of certain formalities and the big material inputs and, finally, peak efficiency of judgements.

The theoretical significance and practical application. Theoretical conclusions, made in thesis, supplement and develop some positions of the labour law science; theoretical and applied conclusions of the thesis can be used in educational process by working out of basic courses «the Labour law of the Republic of Moldova», and also the special courses devoted to the individual labour contract regarding to the termination of its action.

Our offers are directed not only on strengthening the protection of the rights of workers at illegal dismissals, but also on fixing the rights of the employer, since in many cases the procedure of the employer's actions in case of abusing his rights by employee is not regulated by the legislation.