Documentation for a preliminary disciplinary investigation

The procedure begins with a sufficiently specific report or finding: who, what, when, where and which rule was allegedly breached. General wording obstructs the defence and can affect the final decision.

Emails, logs, documents and statements must be lawfully retained, respecting access and data protection rules. The employer must examine evidence supporting the employee’s explanation, not only the allegation.

The written summons states the subject, date, time and place of the meeting. The employee may formulate and present a defence, submit evidence and receive assistance under the Labour Code.

Failure to attend without an objective reason permits continuation under the law, but proof of summons and assessment of explanations must be retained. The hearing is recorded faithfully, without prefabricated answers.

• the appointment or mandate of the investigator or committee;
• the summons and proof of notification;
• the hearing record and employee-submitted documents;
• the evidence inventory and further checks;
• the investigation report analysing conduct and defences.

The sanction takes account of circumstances, degree of fault, consequences, general conduct and any prior sanctions. Disciplinary dismissal is not the automatic response to every breach.

The decision is issued within 30 calendar days of becoming aware of misconduct, but no later than six months after the act. The precise dates and person competent to become aware must be documented.

The decision must include every mandatory element: conduct description, breached provisions, reasons for rejecting defences or omitting investigation, legal basis, challenge deadline and competent court. Missing elements cannot be repaired by later explanations.

Notification occurs within five calendar days of issue, and the decision takes effect upon notification. The employee may challenge it within 30 calendar days; the file must allow reconstruction of the entire procedure.