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deRainfall May 23, 2012

Disciplinary proceedings to employees

Given the fact that there are enough employers and employees who are unfamiliar with the disciplinary proceedings involving employees, we will present, in synthesis, the procedural steps of the disciplinary sanction.
  • First step is finding that aberrance.
Given the fact that there are enough employers and employees who are unfamiliar with the disciplinary proceedings involving employees, we will present, in synthesis, the procedural steps of the disciplinary sanction.
  • First step is finding that aberrance.

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Given the fact that there are enough employers and employees who are unfamiliar with the disciplinary proceedings involving employees, we will present, in synthesis, the procedural steps of the disciplinary sanction.
  • First step is finding that aberrance.
Given the fact that there are enough employers and employees who are unfamiliar with the disciplinary proceedings involving employees, we will present, in synthesis, the procedural steps of the disciplinary sanction.
  • First step is finding that aberrance.
Given the fact that there are enough employers and employees who are unfamiliar with the disciplinary proceedings involving employees, we will present, in synthesis, the procedural steps of the disciplinary sanction.
  • First step is finding that aberrance.
Given the fact that there are enough employers and employees who are unfamiliar with the disciplinary proceedings involving employees, we will present, in synthesis, the procedural steps of the disciplinary sanction.
  • First step is finding that aberrance. Intimation or a note/paper of finding will be written down.
  • A disciplinary committee must be appointed by a decision (this must be stipulated in the internal regulation)
  • Evidence of committing the offense must be provided: signed statements of witnesses, evidence of training and awareness, work orders, internal procedures;
  • Convocation at preliminary investigation will include: subject, date, time and place of appointment. Convocation notice must contain the employee’s signature / postal receipt / mail confirmation / minute of refusal to sign the notification.
  • At the preliminary investigation the defense of the employee, evidence presented by him and reasons given by him and whether he was assisted by a union representative must be recorded. The document confirming it is the minute of the communication with the employee, signed by him.
  • Punishment is due in maximum 30 days from the date of the acknowledgment about committing a disciplinary offense, but not later than six months from the date of the offense. A decision regarding the punishment must be filed, written according to Art. 252 (paragraph 2) of the Labor Code.
  • The penalty will be communicated to the employee within 5 days from date of issue and the employee must sign the acknowledgment.
  • Deletion of the penalty may be filed ​​in 12 months from the date of its issue. A decision regarding the deletion must be filed.
Disciplinary sanctions that the employer may bestow if the employee commits a disciplinary offense are:
  • Written warning;
  • Demotion of function with payment of salary correspondent to the position where relegation was ordered, for a period not exceeding 60 days.
  • Reduction of the base salary for a period of 1-3 months with 5-10%;
  • Reducing base pay and /or, where appropriate, management compensation for a period of 1-3 months with 5-10%;
  • Disciplinary dissolution of individual employment contract.
If professional statutes, approved by a special law, stipulate other punishments, these will be applied instead.