- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 247. [legal definition of liability to disciplinary action]
(1) The employer shall have disciplinary powers, i.e. the right to take, according to the law, disciplinary measures against its employees whenever it finds them liable of disciplinary offences. (2) A disciplinary offence is related to the work, consisting of a wilful action or lack of action of the employee, breaking the legal provisions, the rules of procedure, the individual employment contract or the applicable collective labour agreement, legal instructions and directions of the management.
Art. 248. [disciplinary measures]
(1) The disciplinary measures the employer may apply if the employee is responsible for disciplinary offences are as follows: a) written warning; b) suspension of the individual employment contract for a period not exceeding 10 working days; c) demotion, while paying the wage corresponding to the position where the demotion was directed, for a length that may not exceed 60 days; d) 5-10% decrease of the basic pay for one to three months; e) 5-10% decrease of the basic pay and/or, as the case may be, of the management benefit, for one to three months; f) disciplinary cancellation of the individual employment contract. (2) Should the professional statutes approved by special laws provide other sanctions, the latter shall apply.
Art. 249. [prohibition of disciplinary fines; one sanction per disciplinary offence]
(1) Disciplinary fines shall be prohibited. (2) Only one sanction may be applied for the same disciplinary offence.
Art. 250. [disciplinary sanction criteria]
The employer shall take the disciplinary measure applicable in proportion to the seriousness of the disciplinary offence of the employee, taking into account the following: a) the circumstances of the disciplinary offence; b) the degree of responsibility of the employee; c) the consequences of the disciplinary offence; d) the general conduct of the employee; e) the disciplinary measures previously taken against him/her.
Art. 251. [disciplinary hearing]
(1) On pain of absolute nullity, no action, except that provided for in Article 264 (1) (a), may be taken before performing a preliminary disciplinary hearing. (2) In order to perform the preliminary disciplinary hearing, the employee shall be summoned in writing by the person appointed by the employer to accomplish the hearing, stating the subject matter, date, time, and place of the meeting. (3) The failure of the employee to respond to the summons under the conditions provided for in paragraph (2) without an objective reason shall give the employer the right to take the disciplinary measure without performing the preliminary disciplinary hearing. (4) During the preliminary disciplinary hearing, the employee shall have the right to develop and submit any argument in his/her favour and provide the person appointed to perform the hearing all pieces of evidence and motivations he/she considers to be necessary, and also the right to be assisted, at his/her request, by a representative of the trade union he/she belongs to.
Art. 252. [decision of disciplinary measure: delay, contents, notification]
(1) The employer shall order the application of the disciplinary measure through a written decision, within 30 calendar days from the acknowledgement of the disciplinary offence, but no later than six months after the date of the disciplinary offence. (2) On pain of absolute nullity, such decision shall include: a) the description of the disciplinary offence; b) description of the provisions in the staff regulations, rules of procedure or applicable collective labour agreement, which were infringed by the employee; c) the reasons to dismiss the defence developed by the employee during the preliminary disciplinary hearing or the reasons why, under the conditions provided for in Article 267 (3), no hearing took place; d) the legal basis to take the disciplinary measure; e) the appeal deadline; e) the competent court where the measure may be appealed. (3) The decision shall be notified to the employee no later than five calendar days after the date of issue and shall take effect from the date of notification (4) The notification shall be handed over personally to the employee, against an acknowledgment of receipt, or, if the reception has been refused, by registered letter, at the domicile or residence communicated by him/her. (5) The measure may be appealed by the employee before the competent courts within 30 calendar days from the notification. |
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