Receiving a disciplinary sanction at work creates uncertainty about what you can do about it and whether the sanction is actually valid. Knowing the formal requirements and your options for challenging it lets you respond with a clear head instead of simply accepting it.
What offenses the company can sanction
The company can impose disciplinary sanctions for employee misconduct or breaches, whose classification and severity (minor, serious, or very serious) is usually set out in detail in the applicable collective bargaining agreement, which also establishes which specific sanctions correspond to each type of offense.
The formal requirements for a sanction to be valid
- It must be communicated in writing, specifying the facts giving rise to the sanction, its classification (minor, serious, or very serious), and the date it takes effect.
- It must respect the statute-of-limitations periods for offenses, which vary depending on severity, counted from when the company became aware of the facts.
- It cannot impose sanctions not provided for in the applicable collective bargaining agreement, nor sanctions expressly prohibited by law, such as reducing vacation time or other rest rights as a form of punishment.
Common types of sanctions by severity
The most common sanctions, from least to most severe, usually include a warning (verbal or written), suspension of employment and pay for a set number of days, and, for very serious offenses, disciplinary dismissal, which is itself the most severe sanction possible.
How to challenge a sanction you consider unfair or disproportionate
If you believe the sanction isn't justified, that the facts aren't accurate, or that it's disproportionate to the offense committed, you can challenge it before the labor courts, within the established deadline, and the judge can uphold, overturn, or modify the sanction imposed based on the evidence submitted by both parties.
Suspension of employment and pay: effects on your paycheck
If you're given a sanction of suspension of employment and pay, during the suspension days you neither work nor receive salary, and that period generally doesn't count as active service time for certain purposes (although you do retain your employment relationship, unlike with a dismissal).
If the sanction is a disciplinary dismissal
If the sanction imposed is a disciplinary dismissal, and you believe it isn't justified, you can challenge it like any other dismissal, with the possibility of it being ruled fair, unfair, or void depending on the circumstances of the case, with the financial consequences that correspond to each classification.
Estimate your situation if the sanction leads to dismissal
Our severance pay calculator helps you estimate the indicative compensation you might be entitled to if the sanction imposed ultimately results in the termination of your contract.