How can I submit an employee to disciplinary sanction?
An employee who commits an offense during the period of his work can be the object of a disciplinary sanction. The employer must follow a very strict procedure from the instant when he knows the error made by the employee. Here are the situations in which the employer is entitled to punish his employees and measures to meet.
Disciplinary sanction is implemented when the employer considers that the employee has committed an offense. Therefore the employer must warn him that he knows of his wrongful act within 2 months following the fault and sanction which he likes to inflict on him. The employee must be given a period to arrange for his defense.
The actions that can be disciplinary are governed by law. These include non-compliance with the rules of discipline laid down by the company’s refusal to submit to the orders of the employer, harassment, obstruction to the terms of confidentiality and discretion, insults, threats and finally errors in the work.
Sanctions are proportionate to the degree of the offense; they must be stipulated in the internal regulations. Different sanctions are possible: namely, a warning, a reprimand, layoff, transfer or termination.
A procedure is to be followed for the implementation of sanctions: the employee must be convened with a preliminary interview; it has the possibility to be assisted by a person of the company of his choice. During the interview, the employer shall discuss the proposed sanction and its reasons.
The invitation to this meeting shall be sent by registered letter and the penalty may take effect within two days to one month after the date of the interview.