How do you respond to a disciplinary action at work?

Model of disciplinary sanction to an employee in colombia.

It is precisely in the development of such labor relations that the so-called disciplinary proceedings may arise. In the private sector, they are those that arise in the development of an employment contract between individuals and are born in the face of those actions that can be carried out by the employer when he considers that a worker in his charge has committed a fault that requires corrective action.

The results of this type of action may range from a reprimand to a suspension or termination of the employment contract with just cause, however, the legislation has provided that the disciplinary process in the private sector must follow a due process, i.e., that the employee to whom the corrective action is addressed must have the minimum guarantees that allow him to defend himself, so that his explanations are taken into account when the decision on the imposition of the sanction is made.

In this regard, the constitutional court has issued several rulings, among which we find the T-917 of 2006, which states that for a disciplinary process to be valid under the law, it must have some minimum procedural stages, to comply with and guarantee the disciplinary proceedings in the private sector, citing the following:

What is a disciplinary action at work?

It is the final disciplinary action that separates the employee from the company for a serious cause. The organization may unilaterally decide to terminate the employment relationship with an employee. This decision is due to disciplinary or productivity reasons.

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What is a disciplinary action?

Disciplinary action is a public action aimed at guaranteeing the effectiveness of the purposes and principles set forth in the Constitution and the law for the exercise of the public function; its ownership is vested in the State; it is exercised by the Office of the Attorney General of the Nation, the Offices of the Attorney General of the Nation, the …

How to respond to a disciplinary sanction?

If you do not agree with the sanction, it is necessary to contest it. The first step is the presentation of a conciliation paper. And in the event that no agreement is reached in the administrative conciliation act, it will be necessary to file a lawsuit before the Social Courts.

Grounds for suspending an employee

Section 7 of the National Labor Relations Act (NLRA) protects the right of employees to “organize for themselves, to form, join or assist labor organizations, to bargain collectively through representatives chosen by themselves, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection.”

When making an application for a representative, the Board does not require the employee to specify that he/she needs a “Weingarten” representative.    Once the employee applies for his/her representative, it is not necessary to repeat the application.

If the above conditions are met, any meeting between the employer and an employee may trigger the employee’s Weingarten rights.    However, not all meetings or questions from the Employer satisfy these conditions.    For example, employers need not grant a request for a representative by an employee under the following conditions:

How long after that can a sanction be applied to a worker?

The law does not prohibit suspending a worker several times, what it prohibits is to apply a suspension of more than 8 days if it is the first time, and two months if there is a recurrence, but several suspensions may be imposed if the worker continues to incur in misconduct.

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What disciplinary measures are applied to employees?

(b) Disciplinary action shall consist of verbal or written reprimand, written censure, suspension or dismissal.

What are the labor disciplinary measures?

In addition, disciplinary measures are considered to be the immediate corrective measures that may be imposed by the immediate superior of the employee who violates the internal work regulations in order to maintain order and demand respect and due care in work activities.

Company sanctions examples

Home/Query Center/Inquiries / Internal Regulations ShareI do not shareInternal RegulationsInternal RegulationsCan the employer reprimand the employee in writing for an action he/she considers improper, inappropriate or undue?The employer can reprimand the employee in writing as long as he/she has an Internal Regulation of Order, Hygiene and Safety and contemplates in it the sanction of reprimand for a specific misconduct. Companies with 10 or more permanent employees are obliged to have an internal regulation of order, hygiene and safety.Internal RegulationInternal RegulationInternal Regulation

What is the procedure for disciplinary action?

Disciplinary action occurs by virtue of the relationship of subordination that exists between the civil servant and the administration within the scope of the public function, and originates in the breach of a duty or prohibition, the omission or overreaching in the exercise of functions, among others.

How can disciplinary action be initiated?

When can disciplinary action be initiated? This action may be initiated ex officio by the investigating body, by information from a public servant or other credible means, or by a complaint made by any person.

How is a disciplinary process initiated?

Disciplinary proceedings are initiated ex officio, on the occasion of a complaint or report from a public servant. The evaluation of the complaint may result in a restraining order, preliminary inquiry order, disciplinary investigation order, order for referral of competence.

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Federal Labor Law Disciplinary Sanctions

Every employee or worker has the right to work in a company where there is order and discipline, if this is not maintained, the welfare of the person may be at risk in many ways. The application of consistent discipline will be the consequence that a collaborator will receive in order to provoke a change of behavior.

Where there is no discipline, there is no order; where there is no order, there is no productivity. Without productivity, a company cannot survive in a competitive economy. When there is discipline, the worker’s realization is full and complete, the environment is healthy and the organization is efficient and achieves outstanding levels.

Good discipline, which modifies behaviors towards a productive culture, is to the benefit of all. To be good, discipline must be kept fair and consistent by the company. This is the primary responsibility of the company’s representatives, directors, managers and administrators, in whose formal leadership lies the commitment to supervise and control the work and for the employees to adhere to the rules.