DISCIPLINE PENALTIES
DISCIPLINE PROCEDURE
1. The employer can impose a discipline penalty on the strength of article 187 points 1-10 and article 190 p. 1-7 of Labor code /LC/ for committing a breach of the labor discipline.
The premises for legal discipline prosecution are:
1.1. A worker or employee to commit a breach of labor obligations at a employer. The obligations must be regulated in the statute law, in the collective labor contract, in the individual contract or in the labor interior regulations. The legal verbal and written orders of the employer are source of labor obligations for the workers, the obligations are determined in the post characteristics of the worker;
1.2. The breach of the labor obligations must be guilty: deliberate or careless;
1.3. The illegality of the breach must be available.
1.4. In case of caused damages to the employer by the illegal behavior of the worker, the reason connection between the damages and the act of the worker must be available;
2. The imposing of discipline penalty is a right of the employer. But he must practice it legally: to impose a penalty which is relevant to the committed breach by the worker/ employee. In case when the employer has imposed heavier penalty for lighter breach, the imposing a penalty is illegal and shall be repealed by the court. The correspondence of the penalty to the breach is liable to court control.
3. The different forms of the discipline penalties are specifically particularized in the Labor Code. Because of the imperative characteristics of the order, the stipulating of new, additional penalties by the employee and the employer or determined such by the employer, is illegal. The discipline penalties are: a rider, a notice (warning for discharge) and a discharge. The imposing discipline penalties such as: a fine, deductions from the remuneration of the employee out of the cases, determined in article 272 of Labor Code, by the employer, is illegal. On the other hand the deprivation the employee of a bonus if committing a discipline breach, is legal.
4. The different breaches of the labor discipline are particularized as an example in article 187 p. 1-10 and article 190 p. 1-7 of Labor Code. The employer can impose a discipline penalty also for other breaches of the labor discipline, which are committed guiltily by the employee.
5. For the legal imposing a discipline penalty the employer must abide accurately the procedure, determined in articles 193, 194 and 195 of Labor Code. The employer is obliged before punishing the employee to demand his written and verbal explanations. It is necessary the employer to have reliable proofs concerning the demanding explanations. They shall be demanded on the occasion of the committed breach and the imposed penalty. The non-demanding of explanations is a reason for cancellation as illegal the imposed discipline penalty as the court do not hear the legal dispute in essence. The imposing of the penalty must be accomplished in the terms, determined in article 194 of Labor Code. If the terms have been missed, the imposed penalty is illegal. The employer is obliged to enter all the components, determined in article 195 of LC, in the written order for imposing a discipline penalty. On the occasion of abiding the procedure for imposing discipline penalties, it is necessary the employer to demand and provide himself preliminary legal consultation.
COURT DISPUTES
6. The legality of all imposed discipline penalties can be appealed in the district court. Depending on the imposed penalty is possible to be claimed and received damages by the workers and employees. Therefore when the employers undertake penalizing and the employees, who demand to appeal the penalties, is necessary to receive competent legal help as well as concerning the lawfulness of the claim and the terms for laying claims.