In order to apply a disciplinary sanction (except the written warning), the employer is obliged to conduct a disciplinary investigation of the employee that committed acts that could have broken labor discipline rules.

The purpose of the convocation

Under art. 251 par. (2) of the Labor Code, in order to carry out disciplinary investigation, the employee will be summoned through a written notice to give explanations, to defend himself, to propose evidence that show his innocence or to clarify the facts he is being held.

The convocation is the equivalent process to the summon in law process and it is the act by which the disciplinary committee notifies the employee about the investigation and, at the same time gives him the necessary time to prepare a defense to the facts he is being held.

Who issues the convocation

According to the legal provisions, the convocation of the employee to the disciplinary investigation is made in writing form by the person authorized to conduct the disciplinary investigation or by all the members of the disciplinary committee.

In other words, the notice must be made by the disciplinary committee and not by the legal representative of the company.

It is not necessary that all members of the disciplinary investigation to sign the notification. The convocation is legally issued also when only one of the members of the disciplinary investigation sign the notification.

The content of the convocation

To give to the employee the right to defend himself in relation to the alleged acts, he is entitled to know the exact facts that he is being held. In this regard, the disciplinary convocation should take a certain formalism.

So, to comply to the legal requirements, the convocation of the employee to disciplinary investigation should include:

• The object of the disciplinary investigation – a detailed description of the facts, of the legal and conventional provisions that the employee is supposed to have infringed;
• The date and time when the disciplinary investigation will take place;
• The place where the disciplinary investigation take place.

Legal provision

The Labor Code states the issue of disciplinary investigation in art. 251 par. (2).