It is important for employers to draw up proper documentation when they want to apply a disciplinary sanction for an employee.
Under the principle of good faith, every employee benefits from an objective disciplinary investigation before being sanctioned.
Following the disciplinary investigation, the unsatisfied employee can challenge the employer’s decision in court.
To avoid the disciplinary decision being overturned, the employer must ensure that the following steps are implemented:
- A report of disciplinary misconduct filled by an employee, a coordinator or even by the company’s administrator. If no report is filled, the disciplinary proceedings cannot be initiated.
- Drawing up the decision to appoint a disciplinary investigation committee. There is no minimum number of members stated by the law and it is not established who is part of the disciplinary investigation committee.
- Drawing up and communicating to the employee the notice of disciplinary investigation. The date, time, place where the disciplinary investigation will take place and the subject of the disciplinary investigation must be clearly indicated. The failure to do so may render the disciplinary decision null and void. The employee must know exactly why he/she is being called to the disciplinary investigation so that he/she has time to defend him/herself. We recommend that you communicate the notice at least 5 days before the disciplinary investigation.
- Drawing up the report of the disciplinary investigation. The employee’s defenses must be highlighted in this report. The evidence must be analyzed and commented on.
- Preparation of the disciplinary sanction proposal or of the decision not to apply a disciplinary sanction.
- Drawing up and communicating to the employee the disciplinary sanction decision. The decision must be (mandatory) communicated to the employee. The disciplinary sanction decision must contain all the elements required by the law, the lack of this details can conclude to the absolute nullity of the decision. The absolute nullity of the decision can result in high costs for the employer.
The disciplinary sanction decision can be appealed to the Court within 30 days of its communication. There is no court fee for this legal action, in order to protect employees.
The Saucă&Partners team can assist and advise your company during the disciplinary procedure. Contact us at: info@sauca.ro (+40) 756 348 899
