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Part 3  >  Section 8  >  Chapter 30. LABOR DISCIPLINE

ARTICLE 193.   Procedure of Imposing Disciplinary Penalties

Before imposing a disciplinary penalty upon the employee, [one] the employer is to demand of him a written explanation. [two] If the employee refuses to submit such an explanation, a statement [three] is drawn up.

The employee's refusal to submit [four] an explanation does not prevent imposition of a disciplinary [five] penalty on him. A disciplinary penalty must be [six] imposed on the employee within one month from the date [seven] the delinquency was discovered, excluding the time of employee's [eight] illness or leave, and the time necessary to consider the opinion [nine] of the employees' representative body.

A disciplinary penalty cannot [ten] be imposed on the employee after six months [one] have passed from the date the delinquency was committed; [two] if the penalty is based on the results of a revision, a financial [three] and business activity inspection, or auditing, it cannot [four] be imposed after two years have [five] passed from the date the delinquency was committed. The aforenamed [six] periods do not include the time of the criminal [seven] case procedures.

Only one disciplinary penalty may [eight] be imposed on the employee for each disciplinary delinquency. [nine]

The employer's order (direction) of imposing a disciplinary [ten] penalty upon an employee is announced to the latter [one] against receipt within three working days [two] from the date of issue. If the employee refuses to sign the order [three] (direction), a statement is drawn up.

The [four] employee can lodge a complaint against the disciplinary [five] penalty in state labor inspections or bodies authorized [six] to view individual trade disputes.

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