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The appointment of the committee disciplinary investigation

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To preform disciplinary investigation, the employer authorizes one or more persons to determine whether the facts imputed to the employee in the Disciplinary report is a violation of labor law or of the disciplinary labor rules established in the company.

Who is naming the disciplinary committee?

According to Labor Code, the employer name the disciplinary committee. In other words, the disciplinary committee is named by the legal representative of the employer or any other person authorized for this purpose by the legal representative of the employer.

Appointing committee decision

Although the legislation does not expressly require, the disciplinary appointment committee research must materialize through a document (a decision) in which the employer must indicate the committee members so they can be easily customized.

The appointment committee decision must be in written form in order to sample the mandate given on the one hand, and on the other hand to prove the persons empowered to carry out disciplinary investigation. The decision is communicated to each member of the committee to be implemented.

Who can be a member of the disciplinary committee investigation?

Regarding the structure of the committee this matter remains at the employers’ decision. From the committee, can be part the colleagues of the employee which is disciplinary investigated or people who are not working or are not in subordination with the employee investigated. Also, from the committee can belong lawyers named by the employer or the committee can be formed only from lawyers.

Although is not prohibited, for reasons related to the practice, we don`t recommend that from the disciplinary committee research to be part the person who notified misbehavior (and who could be accused of self-partiality), or witnesses to the incident or the person who will decide the sanction to be applied to the employee.

The number of the committee members

One of the most frequent issues raised by the employer is the number of the committee members.

In the absence of an express provision, the disciplinary committee may consist in at least one person and there aren`t no maximum number of members required by law, the number of concrete members is up to the employer.

Legal provision

Although incomplete in this aspect, labor legislation refers to disciplinary investigation committee, under the provisions of article 251 paragraph (2) Labor Code.

Pay Attention!

When you name the members of the disciplinary committee, you should take care if exists any internal rules like an Intern Regulation or a disciplinary investigation procedure because it is possible that these documents contain certain rules regarding the appointment and composition of the disciplinary research, for example:

– the rule that from the committee to be part the superior of the investigated employee;

– the rule that the committee has a certain number of members;

– the rule that from the committee to be part a union representative of the investigated employee or a representative of employees (provision that was taken in the collective labor contracts long time ago).

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