THE CAUSES OF EXONERATION FROM DISCIPLINARY LIABILITY

Abstract

This article deals with one of the forms of legal liability specific for labour law - the disciplinary liability. Disciplinary liability can be hired only if all constitutive elements of misbehavior are met, the absence of any of them makes the misbehavior and as the consequent the disciplinary liability can not exist. However, there are situations, when the act seems to meet the features of disciplinary liability, but some specific circumstances existing at the time of its commission, lead to the conclusion that in reality, the behaviour of the author is not illegal, anticipating that they are not culpable and author must be exonerated from disciplinary liability. The article substantiates the relevance and significance of development of cases on exemption from disciplinary liability in the Republic of Moldova, by analysing some problems of the instruction and formulating solutions to adopt the provisions on exoneration from disciplinary liability, considering that labour law is intended to protect the labour rights of the weakest protected part of labour relations - the employee.