15.05.2024

VERBAL PUNISHMENT ORDER

Does the employer have the right to impose a fine on an errant employee by verbal order?

The types of disciplinary punishments are comprehensively specified in Art. 188, para. 1 of the Labor Code. They are three: notice, warning for dismissal and dismissal. It can be seen that the employer has no right to impose the penalty "fine", as it is not provided for in the law.

In this particular case, another violation of the Labor Code was committed. Disciplinary punishments can be imposed only after mandatory compliance with the procedure provided for in the code (Art. 189 - Art. 194 of the Labor Code) and this can only be done by means of a written order (Art. 195 of the Labor Code).

The two violations of the law give the punished person the right to refer the labor inspectorate, and if he deems it necessary, to file a claim against the employer in court according to the procedure for resolving labor disputes.