How do you defend yourself in a disciplinary hearing at work?

After the following disclaimers

Since disciplinary law is a type of punitive law, in conventional and constitutional case law and in specialized doctrine there was a peaceful agreement in recognizing that in disciplinary proceedings the guarantees of criminal proceedings should be applied, a scenario in which these have their genesis and have been exported to other punitive areas.

Since disciplinary law is a type of punitive law, in conventional[3] and constitutional[4] jurisprudence[5] and in specialized doctrine[6] there was peaceful agreement in recognizing that the guarantees of criminal proceedings should be applied mutatis mutandis in disciplinary proceedings, a scenario in which they have their genesis and have been exported to other areas of sanctioning.

This has consequences on the right to defense, enshrined in Articles 8.2 (d) of the Convention and 29, Section 4 of the Constitution: the thesis that considers that the material defense is required in the disciplinary process, while the technical defense is that which corresponds to the criminal process, as historically understood by Colombian jurisprudence, can no longer be valid[11].

How to defend yourself in labor discharges?

How is the labor discharge process? The labor discharge process must be carried out in the following manner: Proving the existence of a cause: in every employment contract, the facts must be clear and specific where it is proven that the employee did not comply with the company’s regulations.

What to say in a disclaimer?

In writing, the summons to present the case will be announced and must contain an account of the facts that gave rise to the opening of the disciplinary process, as well as the enunciation and support of the evidence on which it is based.

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How to defend yourself in a disciplinary process?

If you are informed of a disciplinary proceeding initiated against you, immediately request a complete and documented copy of the disciplinary proceeding file, which should include the evidence that is intended to be used against you.

Workplace Discharges consequences

When you are summoned for an alleged misconduct at work, you have the right to defend yourself and present evidence if necessary.

In case of committing a serious misconduct in your company, as an employee you may be summoned for a process to analyze your case and determine if you are deserving of a sanction, in writing, the summons will be announced to you and must contain an account of the facts that gave rise to the opening of the disciplinary process, as well as the enunciation and support of the evidence on which it is based.

How much time does a company have to issue a discharge summons?

This principle of immediacy seeks to have clarity on the facts that motivated the diligence, there must be a reasonable time between the employer’s knowledge of the offense committed and the citation to discharge must not be more than 24 hours.

What is a labor discharge proceeding?

The minutes of the discharge is a document in which the employee’s answers, arguments and justifications are recorded with respect to the facts that the employer accuses him of or charges him with in the discharge proceeding.

What happens if a worker does not attend the discharges?

If the employee does not present himself/herself to present the discharges without excuse on the date on which he/she was summoned, it shall be understood that he/she accepts his/her responsibility, and consequently the company may proceed to take the decision that may be appropriate.

Due process in the discharge proceeding

Is a cause of withdrawal of employment attributable to employer in terms of article 51, fractions II, V and IX, of the Federal Labor Law the temporary suspension of worker under an inside job regulation and violates the guarantee of hearing

Is a cause of withdrawal of attributable employment to employer in terms of article 51, fractions II, V and IX, of the Federal Labor Law the temporary suspension of worker under an inside job regulation and violate your warranty of hearing

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In the first place, it is indispensable that the boards before which the lawsuit is brought, accurately apply article 1 of our Magna Carta when exercising the control of constitutionality and conventionality, and therefore protect and guarantee the human rights of the worker contained in the Political Constitution of the United Mexican States. The following jurisprudence is applicable, which reads as follows:

The foregoing, because if there is no evidence offered by the employer that justifies that the employee was heard, as well as the fact that the employee was given the opportunity to offer the evidence that he believed pertinent, the boards in their jurisdictional power must safeguard the employee’s right to a hearing, taking as proven the action of termination of the labor relationship contained in sections II, V and IX of the LFT before the labor courts, V and IX of the LFT in the face of the imposition of an unilateral unjust punishment by the employer contained in articles 1 and 8 of the American Convention on Human Rights (“Pact of San José de Costa Rica”), which are applicable to labor law as they stipulate:

What is a release form?

-The Hearing of Discharge is an obligation of the Employer before sanctioning an employee for the alleged infraction of a fault …. -The employee can go to the Secretary of Labor to request the assignment of a Labor Inspector so that he/she can verify what happened in the discharge hearing.

What is a disciplinary process?

The disciplinary process is a set of actions aimed at investigating and in some cases sanctioning certain behaviors or conduct of the employee, which involve breach of duties, violation of prohibitions, and abuse in the exercise of rights and functions.

What is the opening of a disciplinary investigation?

Disciplinary investigation: Stage of the ordinary procedure, carried out when the possible perpetrator or perpetrators of a disciplinary offense are identified, whose purpose is: to verify the occurrence of the conduct, determine whether it constitutes a disciplinary offense, clarify the determining motives, as well as the …

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Labor discharges format

/categories/investigacion-laboralWhat does ‘citación a descargos’ mean and how should you be called?  The Employment NewsCESHOR2020-10-30T17:25:27-05:00202020-12-07T15:39:54-05:00By being subpoenaed for an alleged misconduct at work, you have the right to defend yourself and present evidence if applicable.Labor Investigation / October 30, 2020The subpoena may be issued a second time if there is room for more evidence. Photo: iStock

ShareIn case of committing a serious offense in your company, as an employee you can be summoned to discharge, that is, you will be opened a process to analyze your case and determine if you are worthy of a sanction.

In writing, the summons will be announced to you and must contain an account of the facts that gave rise to the opening of the disciplinary process, as well as the enunciation and support of the evidence on which it is based.

At the end of the discharge proceeding and the signing of the minutes, the employer must evaluate the facts under investigation, the evidence collected and provided and the version of the employee involved, in order to make a decision.