Employment disciplinary rules
The disciplinary response must correspond to the established facts and the rules applicable within the company.
Minor misconduct
Minor incidents should be documented without overstating their significance or losing sight of the context.
Serious misconduct
Classification requires the facts, background and criteria to be reviewed before the measure is decided.
Very serious misconduct
More serious consequences require a particularly well-organised investigation and precise justification.
How to discipline an employee correctly
The internal process should make clear what happened, how it was verified and why the chosen measure is consistent with that information.
Fact-finding investigation
Accounts, dates and documents are gathered without reaching conclusions before the review is complete.
Collective agreement
The collective agreement is considered alongside the facts and the measure under consideration.
Gathering evidence
Evidence is preserved with its context, origin and integrity to avoid a partial interpretation.
Disciplinary letter
The letter sets out the facts, dates, classification and decision in precise, verifiable language.
Employee challenges to disciplinary sanctions
If the employee challenges the measure, the company must be able to reconstruct its investigation, the basis for the decision and the documents used.
Legal defence of the employer
The defence connects the internal process with the subsequent response, avoiding different explanations of the same events at each stage.
Frequently asked questions
What should an employer check before imposing a disciplinary sanction?
Before communicating the measure, the company should check the facts, their seriousness, the collective agreement and applicable rules, relevant background, the quality of the evidence and proportionality.
Must a disciplinary sanction always be given in writing?
Sanctions for serious and very serious misconduct must be communicated in writing, stating the date and the facts on which they are based. For minor misconduct, the applicable legislation and collective agreement must be checked.
What evidence should the employer keep?
The company should retain lawfully obtained communications, documents, records and statements, together with their dates, sources and context. The evidence should allow the investigation to be reconstructed without relying on later explanations.
What happens if the employee challenges the sanction?
The employment courts can review the facts, classification, proportionality and procedure followed. The company will need to support the measure with the notice and evidence available when it decided to impose the sanction.