05.02.2025
WHAT IS DISCIPLINARY PUNISHMENT "NOTE"
Maintaining an adequate level of work discipline is essential in any work team. For this purpose, the legislation provides certain penalties for cases of violations.
It is important to understand that the violation of labor discipline is associated with serious legal consequences and direct application of the corresponding penalties. What are the penalties that the employer has the right to impose?
In accordance with the Labor Code, employers can only apply certain disciplinary penalties for violations of labor discipline by employees. These penalties are expressly provided for in the legislation and include:
Note
The warning is the first and mildest disciplinary penalty that the employer can apply in case of violation of labor discipline by the worker or employee. It is usually issued in cases of minor violations or in first incidents when it is necessary to notify the worker of his unacceptable behavior or actions. The notice may be verbal or written, depending on the employer's policy and the seriousness of the violation. Usually, written remarks are entered in the worker's personal file and can be taken into account in future evaluations of his work activity.
It is important that the remark be clear and specific, precisely defining the violation and its consequences. It must also provide the worker with an opportunity to speak up or express his or her point of view about what happened. Although a reprimand is the least severe punishment, it is intended to alert the worker to the seriousness of the offense and direct him to better comply with workplace rules and procedures.
Repeated violations after a reprimand usually result in more serious disciplinary action, such as a warning for dismissal or even disciplinary dismissal. This highlights the importance of the reprimand as a warning and prevention tool for future violations of labor discipline.
Notice of dismissal
A warning of dismissal is a more serious disciplinary penalty, which includes a clear signal from the employer that repeated violations of labor discipline may lead to termination of the employment relationship. This warning may be issued following serious or repeated violations of workplace rules and procedures. In the presence of a dismissal warning, the worker or employee is usually called upon to change their behavior and commit to better compliance with labor discipline.
Disciplinary dismissal
Disciplinary dismissal is the most severe disciplinary punishment that an employer can apply. It includes the termination of the employment relationship with the worker or employee due to a serious violation of labor discipline. Disciplinary dismissal has serious legal and economic consequences for those affected, leading to loss of employment and wages.
In all cases, the employer is obliged to follow certain procedures and provide an opportunity to defend the employee before deciding on a disciplinary dismissal. This means that the employer is obliged, before imposing the disciplinary penalty, to listen to the worker or employee or to accept his written explanations and to collect and evaluate the said evidence. When the employer has not previously heard the worker or employee or has not accepted his written explanations, the court cancels the disciplinary penalty without considering the dispute on its merits.
Disciplinary sanctions are designed to maintain order and discipline in the workplace by providing the employer with a means of responding to violations by employees. At the same time, it is important that they are applied in accordance with legal requirements and the principles of fairness and proportionality.
Reference:
Art. 187, art. 188, art. 194, Art. 193, Art. 221 of the Labor Code
