Disciplinary measures
Themes
Date of update
Any employee misconduct may give lead to a disciplinary measure.
Disciplinary measure refers to any act taken by the employer, other than verbal observations or warnings, in response to misconduct by the employee. These measures may or may not immediately affect employees’ presence in the company, their position, their career progression or their remuneration.
Hierarchy of disciplinary measures
Company with less than 50 employees
The sanctions are classified according to the severity of the misconduct:
1 – Reprimand or Warning
2 – Disciplinary suspension
3 – Transfer
4 – Demotion
5 – Dismissal
Company with more than 50 employees
The implementation of internal regulations is mandatory.
Internal regulations provide rules relating to discipline in the workplace, as well as the nature and scale of applicable sanctions (warning, transfer, etc.). The planned measures must therefore constitute obligations, prohibitions or limitations, with which non-compliance leads to sanctions.
Sanctions cannot exceed the severity of those outlined in the collective agreement applicable to the company.
Good to know: Companies with fewer than 50 employees may also choose to establish their own internal regulations.
Prohibited disciplinary measures
Some sanctions are formally prohibited:
- Discriminatory sanction
- Sanction contrary to laws or collective agreements
- Financial penalties
- Sanction for misconduct already sanctioned
Procedure
The employer has two months to take disciplinary actions. The period begins on the date on which the employer becomes aware of the alleged misconduct.
The same act cannot be sanctioned twice, but a new sanction may be imposed if the same act is repeated or continues.
Good to know: a new penalty may be imposed if the misconduct recurs. The employer may also consider a previous sanction, less than three years old, to justify a new disciplinary measure.
The procedure depends on whether the sanction is minor or major
Minor sanction (reprimand and warning)
For minor sanctions such as a warning or reprimand the employee is simply notified by registered letter with acknowledgement of receipt (LRAR), without the need for a prior meeting.
Major sanction (Dismissal, Transfer, etc.)
For major sanctions, such as dismissal or transfer, the procedure is more formal.
1 – The employee must first be summoned to a preliminary interview by registered letter with acknowledgement of receipt (LRAR).
2 – At this meeting, the employee has the right to be assisted by a staff representative or a colleague of his or her choice.
3 – After the meeting, the employee is notified of the sanction, also by registered letter with acknowledgement of receipt (LRAR).