Disciplinary sanctions examples

Serious misconduct in the workplace are those labor misconduct or infractions made by the employee that violate the duties and obligations arising from his contract. These are breaches that have a direct impact on the operation of the company and usually involve a breach of good faith at work.

At this point it is necessary to clarify that, although serious labor misconduct is considered in a particular way (that is, it is committed by a single employee individually), it can have very negative group and global repercussions.

The sanctions for labor misconduct are reflected in different articles of the Workers’ Statute. Article 54, for example, reflects all the keys to serious misconduct at work, related to disciplinary dismissal, one of the measures that the company can take if it deems it necessary.

We also recommend you to read: How to dismiss an employee without severance pay. Firing an employee is always a costly and complicated process, more so when we are talking about a dismissal without severance pay. Find out more in this post.

What are the serious misconduct of an employee?

Any act of violence, insult, ill-treatment or serious indiscipline incurred by the employee in his work, against the {employer}, members of his family, management personnel or co-workers.

What are example faults?

From the Latin fallita, a lack is the lack or deprivation of something. For example: “The lack of rain has damaged the harvest”, “The lack of nutrients prevents children from developing normally”.

What are the serious and very serious misdemeanors?

According to our legislation, unexcused absences are considered: Mild: if they occur 1 time in a month. Serious: if they occur between 2 and 4 times in the same month. Very serious: if they occur 5 or more times in the same month.

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Minor, serious and very serious offenses

Basics of Community Guidelines MisconductThis article describes Community Guidelines misconduct. If you are looking for information on copyright infringement offenses, which are a different type of sanction, please refer to Basics of Copyright Infringement Offenses.

It is possible to remove content for reasons unrelated to non-compliance with the Community Guidelines. For example, a privacy complaint by a direct stakeholder or a court order. In these cases, the user who uploaded the content will not receive a fault.

If a violation is issued, we will inform you by email.  You can also choose to receive notifications on your mobile device and computer, as well as in the channel settings. In addition, we will inform you of the following:

We understand that it is possible to make mistakes and that you do not intend to violate our policies. Therefore, the first violation usually only results in a warning. Please note that this will only happen once and the warning will remain on the channel. If you violate the Community Guidelines again, you will receive a foul. Occasionally, a single instance of serious abuse will result in the channel being closed without a warning. You can appeal the warning if you think we made a mistake.

What is a very serious misconduct?

An unjustified delay of 15 minutes at work is considered a minor offense. However, if this unjustified absence causes serious damage to the work, the absence is no longer minor and becomes serious or very serious.

What are absences at work?

The term absenteeism or absenteeism refers to the action of not showing up for work on the day and time that corresponds to the employee, which may be justified or unjustified.

What are the misdemeanors in the Penal Code?

Article 441 of the Penal Code [hereinafter CP], establishes as Faults against the Person, the fraudulent injury, which requires up to ten days of assistance or rest, according to medical prescription, provided that there are no circumstances or means that give gravity to the fact, in which case it will be considered as a crime.

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Sanctions of a company examples

3. Any serious act of violence, insult or ill-treatment incurred by the employee outside the service, against the {employer}, members of his family or his representatives and partners, workshop managers, watchmen or guards.

6. Any serious violation of the obligations or special prohibitions incumbent upon the worker in accordance with Articles 58 and 60 of the Substantive Labor Code, or any serious misconduct qualified as such in collective bargaining agreements or conventions, arbitration decisions, individual contracts or regulations.

7. The preventive detention of the worker for more than thirty (30) days, unless subsequently acquitted; or the correctional arrest that exceeds eight (8) days, or even for a shorter period, when the cause of the sanction is sufficient by itself to justify the termination of the contract.

9. Deficient work performance in relation to the worker’s capacity and to the average performance in analogous work, when it is not corrected within a reasonable period of time in spite of the {employer’s} requirement.

What are misdemeanors against persons?

In criminal law, a misdemeanor or contravention is an unlawful conduct that endangers a protectable legal right, but which is considered to be of lesser gravity and is therefore not classified as a crime.

What are minor offenses?

Minor Offenses

Those that occur during the development of the class and do not alter the normal coexistence of the student-teacher. They are also minor offenses – Irresponsibility – Showing up without uniform – Not wearing the uniform properly.

What happens when it is a serious student misconduct?

Definitive separation from the educational institution, which implies that the student must be relocated to another establishment. … In the case of very serious offenses due to academic dishonesty, the student must proceed directly to the definitive separation from the educational institution.

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What is a serious misconduct at work?

The severity of the sanction imposed will depend on factors such as the type of misconduct committed, its frequency, its consequences for the company and its employees, and the position held by the sanctioned employee.

With our vacation and absence software you will be able to know at all times who is absent from work, manage vacation requests as well as leaves of absence and proof of absences.

We also recommend you to read: How to fire an employee without compensation. Firing an employee is always a costly and complicated process, especially when we are talking about a dismissal without severance pay. Find out more in this post.

Although many consider being late as a common and unimportant situation, the reality is that punctuality is a duty required by the employer within the contractual relationship.

However, for unpunctuality to imply a sanction such as disciplinary dismissal, it is not enough that the worker is late: it is required that his behavior is continuous over time and lacks justification.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.