How is a disciplinary penalty applied?

The main steps

1. Record the fact of the breach (an act, a service note).
2. Ask the employee for a written explanation (article 313 of the Labour Code).
3. Choose the type of penalty and issue the order.
4. Show the order to the employee against signature within three working days.

The time limits

Under article 314 of the Labour Code, the employer applies the penalty no later than one month from the day it discovers the breach. The time the employee was ill or on leave does not count in this limit. Also, the employer cannot apply the penalty later than six months from the day of the breach (after an inspection or an audit — no later than two years).

The most common mistakes

• The employer did not ask for an explanation.
• Two penalties for one breach.
• The employer missed the time limit.
• The order does not state which duty the employee broke.

What the employee can do

Write the explanation and keep your own copy. If you disagree, write "I disagree" next to your signature on the order. That is better than a refusal to sign. If you disagree with the penalty, under article 545 of the Labour Code you may go to the labour disputes commission or straight to the court.