Disciplinary sanctioning of employees. The importance of Internal Regulations in the company.
Disciplinary sanctioning of employees is a very important topic in the business and work environment because it is a way used by employers to enforce rules and norms within the company. Sanctioning employees refers to the application of punitive measures against those who violate the Internal Regulations, namely internal work policies and procedures.
One of the most common disciplinary sanctions is verbal or written warning. This is a measure generally applied for minor infractions or for cases where the employee has committed a first-time offense. The verbal warning can be administered in a private conversation between the employee and the hierarchical superior, informing them of their actions and the consequences thereof. The written warning is documented and added to the employee’s file and can be used later in the event of disciplinary investigations.
In extreme cases, disciplinary action may even include the dismissal of the employee. This is applied for very serious infractions, such as theft, unauthorized absences, or serious violations of internal security or confidentiality rules. Before making such a decision, employers must respect legal procedures and conduct disciplinary investigations in accordance with the provisions of the Labor Code.
In the Labor Code, Article 242 provides that the Internal Regulations must contain, as a mandatory requirement:
– concrete rules regarding work discipline within the unit;
– disciplinary offenses and applicable sanctions;
– rules regarding the disciplinary procedure.
Therefore, the employer establishes through the Internal Regulations what the rules of conduct and discipline in the workplace are, what actions may constitute disciplinary offenses, and how they may be sanctioned depending on their seriousness or repetitiveness.
The Internal Regulations must be made known to all employees on their first day of work. The employer must demonstrate that they have informed the employee; otherwise, they will not be able to use the provisions of the Internal Regulations against them.
For the application of disciplinary sanctions, the disciplinary procedure must be regulated by each employer through the Internal Regulations.
The only disciplinary sanctions that can be applied to employees are provided for in the Labor Code.
In conclusion, to avoid the manifestation of undesirable behaviors in the workplace, the employer must define them, prohibit them, and sanction them through the Internal Regulations. The Internal Regulations are the essential document through which the employer establishes all the rules – what is permitted, what is not permitted – applicable in the workplace. In our opinion, it is possible that a standard regulation copied from the internet or from other sources may not cover all specific situations for a company.
We recommend that the Internal Regulations be personalized and adapted to the company’s activity and to the situations that may arise in the field of activity.
Also, the employer may take measures to inform employees about accepted behaviors and behaviors prohibited in the workplace, including through supporting training. These briefings or training sessions can be conducted at regular intervals so that employees are aware of the importance of appropriate behavior in the workplace.
For further information or any additional inquiries, please do not hesitate to contact us:
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📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Ana Maria Nistor – Attorney at Law
