Introduction: Why Are Disciplinary Procedures Necessary?
Maintaining discipline in an organization is one of the main prerequisites for effective work, but an employer's right to punish an employee is not unlimited. Disciplinary procedures serve as an internal legal document that details how misconduct should be responded to fairly and in accordance with the law. In Georgia, a large portion of labor disputes arises precisely due to improperly conducted disciplinary proceedings. When a company does not have clear written procedures or fails to follow them, courts often annul the decisions made (including terminations) and order the company to pay compensation. This service ensures the creation of a system that protects the employer's interests while simultaneously safeguarding the employee's procedural rights.
What Does This Service Cover?
Specialists on Legal.ge will develop comprehensive regulations for disciplinary proceedings, covering the following stages and components:
- Classification of Misconduct: Categorizing misconduct by severity (minor, serious, gross) and defining appropriate sanctions for each category (warning, reprimand, salary deduction, dismissal).
- Grounds for Initiation: Procedures for how a violation is recorded (e.g., incident report, audit findings).
- Investigation Procedure: Rules for collecting evidence, interviewing witnesses, and establishing factual circumstances.
- Obtaining Explanations: Realizing the employee's right to present their position and evidence before a sanction is imposed.
- Decision Making and Documentation: Standards for preparing a substantiated order that clearly outlines factual and legal grounds.
- Appeal Mechanism: An internal appeal procedure that allows errors to be corrected before reaching a court dispute.
Common Scenarios When You Need This Service
Ignoring disciplinary rules often costs companies dearly:
- Unfair Dismissal: An employer fired an employee for systematic lateness without previously issuing a warning. The court ruled the dismissal illegal due to a violation of the proportionality principle.
- Lack of Explanation: A company reprimanded an employee for an error but did not request an explanation. It turned out the error was caused by a software glitch, leading to unnecessary conflict.
- Statute of Limitations Violation: A disciplinary sanction was imposed on an employee 6 months after the misconduct occurred. Due to the expiration of the statutory limitation period, the sanction was annulled.
- Documentation Flaws: The company had no written evidence of misconduct, only verbal remarks, which could not be proven in court.
Georgian Legislation and Legal Framework
Disciplinary liability issues are strictly regulated by the Organic Law of Georgia "Labor Code of Georgia". The law defines the grounds for termination of an employment contract (Article 47) and obliges the employer to observe the deadlines and rules for applying sanctions. Particularly important is the law's requirement that the decision must be written and substantiated. Also to be considered is the practice of the Supreme Court of Georgia, which establishes the standard that the "last resort" principle must be observed—dismissal is used only when milder measures are ineffective or the misconduct is particularly gross. Any internal policy contradicting these legislative and judicial standards is void.
Process of Receiving the Service
The specialist will study your existing internal regulations and contracts. Based on this, a disciplinary procedure document will be prepared. Special attention will be paid to developing forms for recording violations (protocols, acts). The lawyer will also guide HR managers on how to conduct disciplinary interviews and draft legally sound orders. The final stage is the implementation of the document in the organization.
Why Choose a Specialist on Legal.ge?
Disciplinary disputes are one of the most complex categories. On Legal.ge, you find lawyers with practical experience in labor disputes who know the mistakes employers make most often. The procedures they develop will be your shield in court and ensure a fair environment for employees.
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