Disciplinary sanctions in a company
Has your company sanctioned you and you are not satisfied?
Throughout our working life as an employee, we can find ourselves in different situations, among which is the possibility that we are subject to a sanction for part of our company.
These are those occasions in which our employer considers that we have committed an infraction such that it deserves to be sanctioned by virtue of the disciplinary power granted by the Workers Statute.
This is indicated by the regulation itself when it states in its article 58 that:
“workers may be sanctioned by company management for labor breaches, in accordance with the graduation of offenses and sanctions established in the legal provisions or in the applicable collective agreement.”
What to do if you have received a disciplinary sanction from your company
Therefore, if your company has notified you of a sanction what can you do?
Do nothing:
For practical purposes it would be such as showing our agreement with the sanction, either because we consider that it is fair according to the facts that have accused the company, or because we consider that the repercussion of it is not burdensome enough to initiate a lawsuit.
For example, it would be the case in which we are verbally admonished, since it does not have any direct effect on our salary, employment, etc., we decide not to file any type of claim.
Show our disagreement with it:
When we do not agree with the sanction that has been imposed on us and that can occur for various reasons:
- Because we do not agree with the sanction since we consider that the facts that the company imputes to us are false or are not likely to lead to a sanction.
- Because although we consider that the events have occurred and may be subject to sanction, we understand that it is excessive since they are not burdensome enough.
How we show our disagreement with a disciplinary sanction
Sometimes, when a worker is sanctioned and is not satisfied with it, they decide to file a complaint with the company or try to speak with their superior hierarchical, although it is necessary to warn that this way, as a general rule, not only does not cause any kind of effect, but also it is not the appropriate legal way to show your disagreement with it. p>
Therefore, in a situation of this type, what you should do is go to a labor lawyer specialized in sanctions who will guide you on the steps to follow in response to the specific sanction that has been imposed and above all, who will be able to defend your interests throughout throughout the labor procedure.
We must take into account that each sanction is unique, in which certain facts are imputed that constitute a specific infraction.
Deadlines for filing a complaint against the disciplinary sanction that has been notified to me
As in a dismissal situation, you should not delay in going to a lawyer specializing in labor sanctions, because from the moment you are notified of the disciplinary measure imposed by the company, you have an expiration period of 20 business days to first file the conciliation ballot, at which time said period is paralyzed, and file the claim before the social courts once the reconciliation.
We must bear in mind that filing a lawsuit for a sanction does not entail the suspension of the measures imposed by the employer.
You may be interested in the following article: Deadlines for bringing actions in labor matters
What can I request in a sanction procedure?
In a disciplinary action, the worker can request various aspects. By way of example but not limitation:
- Declaration of the sanction as not in accordance with the law.
- Compensation for damages.
- Withdrawal of the measures imposed.
- Elimination of the sanction from the disciplinary file.
- Salaries not received as a result of the sanction.
What defense do I have in a labor proceeding regarding a sanction?
The defense you have against a sanction is the following:
Try to reach an agreement with the company in the Conciliation Act
Prior to filing the claim, it is mandatory to go to the administrative conciliation service, where the parties, company and worker, generally through their respective lawyers, can reach an agreement agreement on the sanction imposed in the terms they consider in order to avoid trial.
As an example, you can get the company to directly withdraw the sanction imposed, the possibility of agreeing to reduce it or reduce the degree of severity, etc.
Act of judgment
Once the claim has been filed by your labor lawyer, you will be summoned to court where before entering the courtroom there will be a new conciliation attempt in order to reach an agreement in the same terms as the previous section. Failing that, the trial will be held.
In the act of trial, the worker, through his lawyer, must allege everything he deems appropriate.
By way of example, reference can be made to the possibility of considering that the sanction is out of time, that the facts are not sufficiently founded and that it is based on mere evidence , that the sanction is not correctly typified, etc.
During the trial, both parties will present all the evidence they deem appropriate, whether documentary, testimonial, cross-examination, or expert.
In proceedings for disciplinary sanctions the burden of proof is reversed, so it must be the company that proves the real existence of the facts imputed in the sanction.
Note: “Take into account that sometimes, by virtue of the type of infraction, applicable collective agreement and personal characteristics of the worker (for example, that he is a representative of the workers), before filing the sanction, the company may have the obligation to initiate an internal disciplinary file in order to transfer the facts investigated to the worker so that he can allege what he considers.“
What kind of sentence can I get?
Once the act of trial has been held, it will be seen for a sentence that will be expressed in one of the following terms, with various particularities that may occur in response to the requests that are made in the lawsuit:
- Dismiss the claim if it is understood that the sanction is in accordance with the law and the facts have been proven.
- Estimate the demand in its entirety. The judge considers that the facts charged do not constitute a sanction or considers that they have not been sufficiently proven by the company.
- Partially estimate demand. The judge considers that the alleged facts existed, but they are not serious enough to file the sanction that was notified.
20/02/2018
