| Abstract [eng] |
Disciplinary Sanctions and the Procedure of Imposing them Labour code states employee‘s obligations to work diligently and honestly, comply with labour discipline, fulfil the lawful orders of the employer and the administration in due time and accurately, observe the requirements of technological discipline, labour protection and health, and use the employer's property sparingly. If employee does not follow those obligations disciplinary measure – disciplinary sanction - may be applied. In order to apply a disciplinary sanction employee must do this in compliance with the order stated in law. The purpose of this paper is to research the order of imposing disciplinary sanctions in theoretical and practical aspects. Paper consists of three main parts. In order to ascertain the conception of disciplinary sanctions historical process of disciplinary sanctions, their types and bases of imposing are researched. In the second part procedures of imposing disciplinary sanction and related problematic issues are analysed. In this part it is researched how an employer should investigate if employee’s actions can be considered as violation of labour discipline before applying a disciplinary sanction, which legal acts regulate this. It focuses also to the institute of employee’s explanation where it is analysed the importance, procedures and terms of explanation as well as consequences caused to an employer if explanation is not demanded. Besides, in second part selection and imposing disciplinary sanctions rules and their regulations and formalization are analysed. In third part theoretical and practical analysis of disputes for disciplinary sanctions is provided, in which mandatory procedures and terms of appealing disciplinary sanctions are clarified and analysis of court practice is provided. |
