The most precious assets of a company are its employees. They represent the foundation and stand by the company through thick and thin. However, in unforeseen circumstances, it does happen that an employer needs to take punitive action against an erring employee. This might act as a deterrent for the others and thus empower the employer from eliminating or filtering the undisciplined resources.
It is in this context that the power of the employer comes out in the open. His powers are specified in the French Labor Law Reform of 1982-83.
[...] is also defined as a set of measures aimed to ensure the coexistence between members of the community and achieve the economic objective for which the community has been created. Hence, it is mandatory that an employee adheres to the norms and rules of the workplace. Any violation of the same will result in disciplinary action by the employer. II. What is a disciplinary action? A disciplinary action is required to be imposed on an employee if he indulges in any wrongful act and if the employer feels that the act might affect the business to any extent. [...]
[...] Although the measure has no immediate impact, it can start a change in terms of the contractual relationship. Thus, the oral reprimand, even with a warning or injunctions, does not constitute a sanction. B. The sanction must be related to behavior considered by the employer as faulty The employee is bound by the employer's decision. An employee who does not comply with these rules is guilty of misconduct which may be sanctioned by the employer. Hence, it lies in the employer's hands to treat the employer as faulty and maintain discipline in the company. [...]
[...] Similarly, the employer is obliged to discourage the action taken to avoid the penalty of disqualification when disputes are heard by the industrial tribunals. B. The obligation to respect a strict procedure The Labor Code has introduced a statutory disciplinary procedure that must be strictly followed by the employer. These rules are public, that is to say they apply to everyone, even in the presence of contractual provisions to the contrary. The non-observance of these rules may invalidate the disciplinary procedure. [...]
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