Employment Flash News No. 6/2016

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News on disciplinary proceedings

On May 5, 2016 Constitutional Court decided that the provisions of art. 52 par. (1) letter a) of the Labor Code setting forth that the individual employment agreement may be suspended during the preliminary disciplinary investigation are unconstitutional.

The Court considered that the measure of suspending the employment agreement, from the initiative of the employer, during the preliminary disciplinary investigation is a disproportionate infringement of the right to work.

The decision of the Constitutional Court shall be published within the Official Gazette and shall be mandatory as of that moment.

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