Breach of work discipline

What it means

A breach of work discipline occurs when an employee culpably fails to meet duties arising from the law, the contract, the work rules or a manager’s instructions. Examples include unexcused absence, repeated lateness, failing to do assigned work or breaching safety rules.

The Labour Code distinguishes minor and serious breaches. A minor breach entitles the employer to give notice only if the employee was warned in writing about possible dismissal within the previous six months. For a serious breach the employer may give notice or terminate employment with immediate effect without a prior warning.

The law does not list exhaustively what counts as a serious breach; it depends on the circumstances. Work rules or an internal policy giving examples in advance can help. In a dispute the court has the final say.

How it works in practice

We advise clients to document every breach in writing as soon as it happens: what occurred, when, who witnessed it and what the employee said. Written warnings are handed over against signature and kept in the personnel file.

For dismissal with notice or immediate termination we check the time limits. The employer must act within two months of learning of the breach and no later than one year after it occurred. Once the limits pass, the right lapses even if the breach was obvious.

If the company has employee representatives, dismissal and immediate termination must be discussed with them beforehand. Without that the termination is invalid. After employment ends we prepare the final pay and documents so that everything matches the ground for termination.

What to watch out for

An employer may not impose fines for breaches of discipline or deduct them from wages. A bonus may be reduced only if the rules under which it is granted allow it. Arbitrary deductions are in themselves a breach of the law.

An invalid termination is expensive for the company. If the employee wins the dispute, employment continues and the employer may have to pay wages for the duration of the dispute. We therefore check the ground, time limits and form of termination before the document is handed over, not afterwards.