Disciplinary Dismissal

Grounds for disciplinary dismissal

The grounds for imposing disciplinary dismissal are exhaustively listed in Art. 190 LC:

1. Three late arrivals or early departures within 1 calendar month, each of not less than 1 hour (Art. 190, para. 1, item 1)
2. Failure to appear at work for 2 consecutive business days (Art. 190, para. 1, item 2)
3. Systematic violations of labour discipline — three or more violations, each warranting a lighter sanction (Art. 190, para. 1, item 3)
4. Abuse of the employer's trust or disclosure of industrial or trade secrets (Art. 190, para. 1, item 4)
5. Defrauding citizens by workers in trade and services through deception in price, weight, quality, or measures (Art. 190, para. 1, item 5)
6. Participation in gambling using the enterprise's telephone or other communication equipment (Art. 190, para. 1, item 6)
7. Other serious violations of labour discipline — assessed in view of the specific circumstances (Art. 190, para. 1, item 7)

The last ground is a general clause that allows the employer to impose disciplinary dismissal for other serious violations not expressly specified in the law. The severity of the violation is assessed by the court upon challenge.

Mandatory procedure

The procedure for imposing disciplinary dismissal is strictly formalised. Violation of any element of it is grounds for reversal of the dismissal by the court.

1. Hearing of the employee (Art. 193 LC) — MANDATORY

Before imposing the sanction, the employer is obliged to hear the employee or accept their written explanations and collect and assess the evidence they have cited. This is an absolutely mandatory requirement — failure to comply leads to automatic reversal of the dismissal, without the court examining the matter on the merits.

Practical steps:

• The employer sends a written invitation to the employee to provide explanations regarding the specifically described violation
• The invitation must contain a specific description of the violation — date, place, circumstances
• The employee is given a reasonable period to prepare explanations (usually 3-5 business days)
• If the employee refuses to provide explanations, this is certified by a protocol before two witnesses
• The employer is obliged to review the explanations and evidence of the employee

2. Proportionality assessment (Art. 189 LC)

When determining the sanction, the employer is obliged to take into account:

• Severity of the violation — the circumstances under which it was committed
• Employee's conduct — previous disciplinary history, overall performance
• Consequences for the employer — damages caused, breach of trust

3. Issuance of a reasoned written order (Art. 195 LC)

The disciplinary dismissal order must contain:

• Data on the employee — full name, position, department
• Specific description of the violation — what exactly was done or omitted, when and where
• Date of commission of the violation
• The sanction — disciplinary dismissal
• Legal basis — the specific item of Art. 190 LC
• Date of the order and employer's signature

4. Service of the order

The order is served personally on the employee against signature with notation of the date of service. In case of refusal to accept, the order is served in the presence of two witnesses who certify the refusal with their signatures. Service may also be effected by registered letter with return receipt.

Time limits for imposing the sanction

The Labour Code provides for two cumulative time limits for imposing a disciplinary sanction (Art. 194 LC):

• 2 months from discovery — from the moment the employer (manager, competent official) learned of the violation
• 1 year from commission — an absolute preclusive period, after which no sanction may be imposed regardless of when it was discovered

These time limits do not run during sick leave, maternity leave, or other statutory leave. Upon return to work, the periods continue to run.

Important: A sanction imposed after these time limits have expired is unlawful and will be reversed by the court.

Protection and prohibition of double punishment

Preliminary protection (Art. 333 LC)

Disciplinary dismissal is also subject to preliminary protection under Art. 333 LC. The employer must obtain authorisation from the Labour Inspectorate before dismissing protected categories of employees — pregnant women, mothers with children under 3, reassigned persons, those suffering from certain diseases.

Prohibition of double punishment (Art. 189, para. 2 LC)

For one and the same violation of labour discipline, only one sanction may be imposed. If a "reprimand" or "warning of dismissal" has already been imposed for a specific violation, disciplinary dismissal cannot be imposed for the same violation.

Employee remedies

An employee dismissed disciplinarily has the right to challenge the dismissal in court within 2 months of service of the order (Art. 358 LC).

Claims under Art. 344 LC

• Declaration of the dismissal as unlawful and its reversal
• Reinstatement to the previous position
• Compensation for the period of unemployment — up to 6 gross monthly salaries
• Correction of the dismissal grounds in the employment record book

Advantages for the employee in the proceedings

• No court fees — the employee owes no state fee (Art. 359 LC)
• The burden of proof is on the employer — they must prove the violation and compliance with the procedure
• Expedited proceedings — labour cases are heard within a 3-month period

Frequently asked questions