The employer may impose disciplinary punishment such as warning, admonishment, wage deduction in case of disciplinary violation of the employee.
Disciplinary Regulation
- Written regulation is required in the workplace
- Workers must be notified
- Which behavior and which punishment?
Types of Disciplinary Punishment
- Verbal warning
- Written warning
- Reprimand
- Wage deduction (limited)
- Change of duty
- Warning
Wage Deduction Limit (Labor Law Art. 38)
- Cannot exceed 2 days of the monthly wage
- 3 months annually. cannot pass
- Reason is notified
Right to Defense
- Written defense must be taken before disciplinary action
- If the worker does not use his right to defend, the process continues
Objection to Disciplinary Punishment
- Through the union or workplace representative
- Suit in the labor court (invalid discipline)
- Right to compensation (unfair) penalty)
Supreme Court 9. HD
9. HD adopts that disciplinary penalties should be "proportionate" and that severe penalties cannot be given for minor violations.
Labor law attorney is recommended.