Service order execution procedure (in terms of labour law)

Author:Ana Vidat
Position:Bucharest University of Economic Studies, Law Department, Lawyer
Pages:106-112
SUMMARY

From the perspective of labor law, it is understood that the execution of the order of service, the essence of labor discipline, has in principle lawful purpose and, consequently, can not attract liability. It requires, however, the regulation mechanism by which theoretical assertions regarding order execution service materializes from a procedural standpoint.

 
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Service order execution procedure (in terms of labour law)
Lecturer Ana VIDAT
1
Abstract
From the perspective of labor law, it is understoo d that the execution of the order
of service, the essence of labor discipline, has in principle lawful purpose and,
consequently, can not a ttract liability. It requires, however, the regulation mechanism by
which theoretical assertions rega rding order execution service materializes from a
procedural standpoint.
Keywords: the individual employment contract; legal liability; order of service;
discipline at work; conscience clause.
JEL Clasification: K31
I. Introductory aspects
A). In any of its forms, liability including those covered by labor laws
by the idea of social responsibility natural in any society, regardless of its type
2
.
Legal liability can be incurred only if the constitutive elements of the
illegal act. But besides these circumstances that lead to graduation penalty, interest
and those special circumstances, in principle, the labor law does not regulate self-
contained and specific and that result ceases unlawful act although in materiality
her, it is harmful
3
.
The circumstances extrinsic act which constitutes grounds of exemption,
involves a conjunction operation of the rules
4
of the Civil Code
5
(common law) of
1
Ana Vidat, Bucharest University o f Economic Studies, Law Department, Lawyer, member of the
Bucharest Bar Association, ana.vidat@yahoo.com.
2
Respectively: disciplinary, that specific form of liability; financial liability as a variety o f
contractual civil liability; material, as a specific form of liability; contravention liability, mean ing
sanctioning contraventions of labor legislation; criminal responsibility, meaning punish certain
crimes by labor legislation (see, in this regard, I.T. Ştefănescu, Tratat teoretic şi practic de drept al
muncii, third edition, revised and enlarged, Universul Juridic Publishing House, Bucharest, 2014,
p.767).
3
See, in this regard, S. Ghimpu, I.T. Ştefănescu, Ş. Beligrădeanu, Ghe. Mohanu, Dreptul muncii,
Tratat, volume II, Scientific and Encyclopedic Publishing, Bucharest, 19 79, p. 51; A. Ţiclea, Tratat
de deptul muncii Legislaţie. Doctrină. Jurisprudenţă, eighth edition, revised and enlarged,
Universul Juridic Publishing House, Bucharest, 2014, p. 897.
4
See, in this regard, I.T. Ştefănescu, op. cit., p. 832.
5
Exclusion of liability causes heritage are: force majeure and fortuitous event (art. 1351 Civil Code);
crime victim or a third party (art. 1352 Civil Code); exercise of the rights (art. 1353 Civil Code);
other reasons for exemption (art. 1354 Civil Code); liability clause (art. 1355 Civil Code); self-
defense (art. 1360 Civil Code); trade secret disclosure (art. 1363 Civil Code); carrying out an
activity required or permitted by law (art. 1364 Civil Code).

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