DISCIPLINARY PROCEDURE
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EXAMINATION PHASE

» Summary

Phase in which the disciplinary procedure is initiated, the examining officer shall be appointed and the legal steps, which are deemed necessary to the ascertainment of facts, such as carrying out of examinations, and hearings that may contribute to ascertaining the truth shall be taken by said officer

» Initiation of the procedure

» The procedure is initiated with:

» Reporting

» Complaint

» Direct knowledge of the existence of unjustified absences (5 followed or 10 interpolated), (the top manager may deem the absences justified for disciplinary purposes, in this case there is no room for disciplinary procedure)

» In view of the reporting, complaint or knowledge the hierarchical superior shall decide whether there is room or not for a procedure:

» If there is room for a procedure, a disciplinary procedure shall be instituted

» If there is no room for a procedure, he/she takes no further action and orders to file the reporting or complaint

» Time limits

» Initiation of the examination – within the time limit of 10 days, calculated as from the notification addressed to the examining officer in charge of the initiation of the procedure

» Completion of the examination – within the time limit of 45 days calculated as from the initiation of the examination, save cases of exceptional complexity

» Appointment of the examining officer

» The entity that has initiated the disciplinary procedure shall appoint the examining officer

» The examining officer may choose a secretary and shall request his/her appointment

» Examining officer’s suspicion

» It consists of the doubts raised by the accused or by the complainant as to the examining officer’s impartiality and integrity and rightness of his/her conduct in the procedure:

» Grounds – the existence of family relationship, interest in the procedure and serious enmity or great intimacy

»Decision – refusal of the ground and confirmation of the examining officer or the acceptance of the ground and substitution of the examining officer

» Time limit of the decision - 48 hours

» Precautionary measures

» Taking by the examining officer of appropriate measures to preserve facts and documents and avoid the destruction of evidences; one of the precautionary measures is the preventive suspension

» Preventive suspension

» It consists of the temporary termination of the fulfilment of functions without loss of compensation:

» Competence – top manager, on a proposal from the entity that has initiated or from the examining officer

» Time limit of the suspension – it runs until the final decision, without ever exceeding 90 days

» Ground – the inconvenience of the accused’s presence for the service or for the ascertainment of the truth

» Condition – the offence be punishable with suspension penalty or higher

» Examination content

» Hearing of the complainant

» Hearing of witnesses indicated or not by the complainant in an unlimited number

» Hearing of the accused at his/her request, or on the initiative of the examining officer

» Carrying out of legal steps at the accused’s request

» Carrying out of cross-examinations/face-to-face confrontations

» Hearing of trade union association representatives to which the accused is affiliated, at his/her request

» Further legal steps

» Term of the examination

» Proposal for filing the procedure to the entity that has initiated the procedure

» If the facts shall not constitute an offence

» If the accused has not committed it

» If a disciplinary liability shall not be demanded

» Preparation and drawing up of bringing charges

» Form – the bringing of charges shall be drawn up in articles

» Time limit - 10 days

» Content - facts, circumstances of time, mode and place of the commitment of an offence, aggravating or mitigating circumstances and penalties applicable