What does the Company's sanctioning power consist of?

In our day to day we encounter different clients who do not know how to act due to inappropriate conduct by their employees, on many occasions they disconnect from labor regulations and their procedures. The Statute provides that workers may be sanctioned by the Company Management in virtue of labor incompliments, in accordance with the grading of faults and sanctions that establish the collective agreements that continue to apply to each company.

Unjustified tardiness, repeated absences of assistance, disobedience, stealing, habitual drunkenness, lack of respect for companies and superiors, voluntary and continued reduction in normal or agreed work performance, among other failures, may lead to good functioning and good communication between the company and the worker. In these cases, the possibility of sanctioning the employee with a written communication to the employee depends on the degree, in which the data and the reasons that motivate it must be stated. However, we must bear in mind that sanctions cannot be imposed that consist of reducing the duration of vacations or otherwise reducing the rights to the worker's rest so that he or she may return to the sanction.

Actions arising from the employment contract that do not contain a special term are barred from the termination of the contract.

In relation to the infractions that the worker commits, the lacks are prescribed to the cap of debts; Les greus, at the cap of vint dies, and les molt greus, at the cap of sixty days to share the data in which the company will have coneixement that it has come and, in all cases, at the cap of six months of the fet.

If you consider that this information may be of interest, it is available to our professionals in the labor area to assess and prepare the written warning and/or sanction in accordance with the sanctioning regime of the agreement applied in the company and the reasons that motivated the decision to sanction a violation committed by any employee.

  Marta Jabares
Labor Area

  Àmbit Assesor

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MGI Àmbit

A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.

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