Receiving notice of disciplinary proceedings at work can be worrying, especially when there is a possibility of suspension, loss of pay, or dismissal. However, the initiation of proceedings does not mean that the employee's responsibility is proven, nor that the announced sanction will necessarily be applied.
In a disciplinary process at work, the employee has the right to know the facts imputed to them, consult the file, respond in writing, present documents, indicate witnesses, and request actions relevant to their defense. These rights must be exercised within the legal deadlines, paying attention to the evidence and the way the events are explained.
Acting immediately is important. A hasty, incomplete, or late response can weaken the defense. Consulting with Lawyers A lawyer with experience in Labor Law can help analyze the accusation, identify procedural flaws, and prepare an appropriate response to the specific case.
What is a disciplinary process at work?
The disciplinary process is the procedure through which the employer seeks to determine whether the employee has committed an infraction related to their work duties.
Disciplinary power belongs to the employer and allows them to react to behaviors that they consider contrary to the employment contract, the company's internal rules, or the duties stipulated by law.
Situations that may give rise to disciplinary proceedings include unjustified absences, disobedience to legitimate orders, workplace conflicts, violation of safety rules, misuse of company property, breach of confidentiality, failure to perform duties, or false statements.
The existence of an accusation is not, in itself, sufficient to justify a sanction. The employer must demonstrate the facts attributed to the employee and respect the principle of proportionality. The chosen sanction must be appropriate to the seriousness of the conduct and the degree of culpability.
The overall framework can be analyzed within the context of Labor Law, complying with the rules of the Labor Code and any applicable collective bargaining agreement.
What disciplinary sanctions can be applied?
O Article 328 of the Labor Code It provides for different disciplinary sanctions. Not all proceedings end in dismissal.
Depending on the seriousness of the facts and the circumstances, the employer may apply:
- rebuke;
- Reprimand recorded;
- monetary penalty;
- loss of vacation days;
- Suspension from work with loss of pay and seniority;
- Dismissal without severance pay or compensation.
A collective labor regulation instrument may provide for other sanctions, as long as it does not harm the rights and guarantees of the worker.
The sanction must be proportional to the infraction and the culpability. Furthermore, no more than one sanction may be applied for the same infraction.
To assess proportionality, the following should be considered: the functions performed, seniority, disciplinary record, degree of culpability, damages caused, the context in which the events occurred, and the possibility of maintaining the employment relationship.
When can a dismissal be justified?
Disciplinary dismissal is the most severe sanction. It should only be applied when the employee's culpable conduct, due to its seriousness and consequences, makes the continuation of the employment relationship immediately and practically impossible.
The Labor Code provides examples of behaviors that may constitute just cause for dismissal, such as illegitimate disobedience, violation of the rights of other workers, repeated conflicts, serious harm to the company's interests, false statements regarding absences, or culpable violation of safety rules.
However, the inclusion of a behavior on this list does not automatically determine the existence of just cause. It is necessary to analyze the specific case.
An unjustified absence, a mistake, or an isolated conflict may not be sufficient to justify dismissal. There must be a breach of trust serious enough to prevent the continuation of the employment relationship.
When a company announces its intention to lay off employees, it is especially important to obtain support from... CSG Lawyers before responding to the accusation.
What is a notice of guilt?
When an employer believes that a person's behavior may justify dismissal, they must communicate this intention to the employee in writing and include a statement of charges.
The indictment must provide a detailed description of the alleged facts. This means that the accusation must be specific enough to allow for a defense.
As a rule, the behaviors, relevant dates or periods, locations, circumstances, and the participation attributed to the worker should be identified.
Vague accusations, such as simply stating that the worker was disloyal, disobedient, or negligent, may not be sufficient. The worker needs to know exactly what facts they should defend themselves against.
After receiving the communication, it may be helpful to consult specific information about the note of guilt and seek advice before offering any response.
What is the deadline for responding to the notice of charges?
The employee has 10 working days to review the disciplinary proceedings and respond to the statement of charges, in accordance with the terms of... Article 355 of the Labor Code.
The calculation should be done carefully, considering the date the communication was received and the rules applicable to working days. If in doubt, the deadline should be confirmed immediately.
It is not advisable to wait until the last few days to seek support. Preparing a defense may require reviewing the case file, collecting emails, analyzing records, contacting witnesses, and organizing the facts chronologically.
The response must be submitted in writing and by a means that allows proof of delivery. The employee must keep a complete copy and the corresponding proof of delivery.
The lack of response does not necessarily equate to a confession, but it prevents the worker from taking advantage of a crucial moment to clarify the facts, present evidence, and challenge the employer's version of events.
How can I access information about my disciplinary proceedings?
The worker has the right to consult the case file before responding. This consultation allows them to understand which documents, testimonies, communications, or other elements support the accusation.
A defense should not be prepared solely based on the indictment when other relevant elements exist in the case.
During the consultation, it is important to verify:
- if the aforementioned documents are indeed together;
- who reported the events;
- whether there are internal testimonies or reports;
- if the dates correspond to reality;
- if there are communications presented out of context;
- if there are elements that are favorable to the worker;
- whether the procedure respected the legal deadlines.
The employer must not create obstacles that, in practice, prevent or excessively hinder the exercise of the right to consultation.
If access to the process is refused or restricted without justification, this situation should be documented in writing and legally assessed.
How to respond to a disciplinary process at work?
An effective response must be organized, factual, and supported by evidence. The goal is not merely to deny the accusations, but to explain what happened and demonstrate why the facts did not occur as described, are not attributable to the worker, or do not justify the intended sanction.
Before writing, a chronology of events should be created. It is advisable to separate what the worker knows directly from what they have only heard from other people.
The answer may include:
- contesting the incorrect facts;
- explanation of the context in which they occurred;
- Identifying contradictions in the accusation;
- indication of orders received;
- reference to internal authorizations or procedures;
- demonstration of the absence of harm;
- elements relating to seniority and performance;
- circumstances that reduce or eliminate guilt;
- relevant documents and witnesses.
The language should be clear and professional. Aggressive responses, unsubstantiated accusations, or emotional comments can distract from the essential facts.
What evidence can be presented?
The worker can gather documents and request any investigations they deem relevant to clarify the events.
These may be useful:
- employment contract and addendums;
- internal regulations;
- schedules and attendance records;
- professional emails and messages;
- orders or instructions received;
- performance reviews;
- reports, schedules and work sheets;
- medical certificates;
- Access logs or equipment usage records;
- Communications with colleagues, clients, or superiors;
- witnesses who have seen the events.
Evidence must be collected lawfully. Employees must not access accounts, documents, or data to which they are not authorized, nor should they remove confidential company information without first assessing the consequences.
You should also preserve the original documents and avoid altering messages, files, or records.
Is it possible to name witnesses?
In response to the disciplinary notice, the employee may request to hear from witnesses who have relevant knowledge of the facts.
It is not enough to simply name people who can speak generally about the worker's character or performance. Witnesses should preferably have direct knowledge of the events described in the accusation or the context in which they occurred.
The employer must carry out the required investigative steps, unless they consider them manifestly unnecessary. dilatory or irrelevant. In that case, the refusal must be justified in writing.
The Labor Code establishes limits on the number of witnesses that the employer is obliged to call. The worker must ensure the attendance of the people they indicate, so it is important to confirm the availability of each witness beforehand.
Can the worker be suspended during the process?
The employer may suspend the employee preventively if they consider the employee's presence at the company to be inconvenient.
This suspension does not, in itself, constitute a disciplinary sanction, nor does it mean that the facts have been proven.
As a rule, preventive suspension should maintain the payment of remuneration. It can occur with the notification of the statement of charges and, under certain conditions, in the 30 days prior, provided there is written justification.
If the company fails to pay compensation or prevents the worker from performing duties without adequate justification, the situation should be carefully examined.
During the suspension, the employee must continue to fulfill any applicable duties, namely confidentiality and legitimate cooperation with the procedure.
Deadlines that the employer must also respect.
Disciplinary proceedings are subject to time limits. Generally speaking, the right to exercise disciplinary power expires one year after the offense is committed, unless the act also constitutes a crime and a different criminal statute of limitations applies.
The procedure must begin within 60 days of the moment the employer, or the hierarchical superior with disciplinary authority, became aware of the infraction.
When a preliminary inquiry is necessary to substantiate a charge, there are specific rules regarding its commencement, conduct, and conclusion.
After the investigation and any applicable opinions, the decision must be issued within the time limits stipulated in the Labor Code. Failure to comply with certain deadlines may result in the forfeiture of the right to apply the sanction or affect the validity of the procedure.
Verifying these dates requires a comprehensive analysis of the process, not just the final communication.
Can the company use new facts in its decision?
The disciplinary decision must be based on the facts stated in the statement of charges and on what results from the employee's response, except for elements that may reduce their responsibility.
The employer should not surprise the employee with new accusations only at the time of the decision, without having given them an opportunity to respond.
The decision must be reasoned and communicated in writing. It must explain the facts considered proven, the assessment of the defense, and the reasons justifying the sanction.
If the decision is based on different facts, ignores the response, or fails to consider relevant evidence, there may be grounds for appeal.
Abusive sanctions and retaliation
A sanction can be considered abusive when it is applied in response to the legitimate exercise of rights by the worker.
This could involve, for example, a punishment motivated by a complaint about working conditions, by refusing to comply with an illegitimate order, by reporting harassment, or by exercising labor rights.
When the process arises shortly after a complaint, report to the Authority for Working Conditions, or legal action, the possibility of retaliation should be analyzed.
O Article 331 of the Labor Code It provides protection against abusive sanctions. The situation should be documented, including previous complaints, company responses, and the temporal proximity between the events.
In related situations, it may be helpful to consult information about workplace harassment.
What to do after receiving the decision?
After the defense is presented and the necessary procedures are completed, the employer informs the employee of the decision.
If a precautionary sanction is applied, such as a reprimand, financial penalty, or suspension, the employee can assess the possibility of filing an internal complaint or resorting to appropriate legal means.
If dismissal is decided upon, it must be immediately analyzed whether there is just cause, whether the procedure was valid, and whether all deadlines were met.
Dismissal can be unlawful when there is insufficient justification, when the required procedure was not followed, or when essential rights of defense were violated.
Legal challenges are subject to time limits that depend on the type of decision and the applicable procedural route. Therefore, legal consultation should not be delayed. (Article...) I got fired. Now what? It provides a general overview of the steps following cessation.
Mistakes to avoid in defense.
A disciplinary process requires caution. Certain behaviors can hinder the defense or create new problems.
The worker should avoid:
- Ignore the notice of guilt;
- to answer without consulting the process;
- Let the deadline expire;
- Signing statements that you do not understand;
- delete messages or edit documents;
- Contacting witnesses in an intimidating manner;
- withhold confidential company information;
- to make accusations without proof;
- publish the conflict on social media;
- To quit on impulse.
You also shouldn't rely solely on verbal promises that the case will be dismissed. Any agreement or relevant position should be confirmed in writing and reviewed before being accepted.
When should you consult a lawyer?
It is advisable to seek legal counsel immediately after receiving a notice of misconduct, especially when there is intent to dismiss, preventive suspension, accusations of disloyalty, breach of trust, forgery, repeated absences, or harm to the company.
The lawyer can consult the case file, check deadlines, analyze evidence, identify contradictions, and prepare a response.
Follow-up is also important when the worker understands that the process is retaliation, is related to harassment, discrimination, sick leave, parenthood, or the exercise of union functions.
Timely intervention of Lawyers in Portugal This can be especially useful for workers who are temporarily abroad or who have difficulty attending in person.
How can CSG Advogados help?
A CSG Lawyers The law firm of Dr. Catarina S. Gomes can assist workers and employers in labor disciplinary proceedings.
In supporting the worker, intervention may include reviewing the case file, analyzing the statement of charges, preparing a response, organizing documents, identifying witnesses, monitoring the proceedings, and evaluating the final decision.
When a dismissal occurs, the validity of the procedure, the existence of just cause, and the possibility of judicial challenge can be analyzed.
The firm can also advise companies on initiating and conducting the procedure, ensuring respect for due process, deadlines, proportionality, and legal formalities.
Each situation must be treated individually. An adequate defense depends on the facts, the evidence, the functions performed, the work history, and the rules applicable to the sector.
Conclusion
A disciplinary process at work should not be ignored or treated as a mere formality. The notice of charges marks the beginning of a short period to review the file, gather evidence, and present a written defense.
The worker has the right to know the accusation, contest the facts, submit documents, indicate witnesses, and request relevant investigations. They can also question the proportionality of the sanction and the regularity of the procedure.
General information is not a substitute for concrete analysis. If you have received a disciplinary notice, been suspended, or are facing the possibility of dismissal, schedule an appointment with the... CSG Lawyers to assess the documents, deadlines, and defense strategy appropriate to your case.
