Internal Labour Rules and Their Role
The foundation of disciplinary liability is often the internal labour rules: the employer is entitled to adopt internal labour rules and is obliged to familiarize employees with them. This written document may define the duration of the working week and working day and rest time, the time, place and manner of remuneration, the rules for paid and unpaid leave, the protection of working conditions, the forms of incentives and liability and the rules of their application, as well as the procedure for examining applications and complaints. Specific rules may also be adopted in view of the specifics of the work.
The law also sets boundaries here: the employer must ensure the principle of equal treatment of employees and reflect anti-discrimination provisions in the internal rules and other documents, must facilitate the realization of the rights of persons with disabilities, and any provision of the internal rules that contradicts the law, the individual or collective employment contract is void.
Dismissal on Disciplinary Grounds
Among the grounds for termination of an employment contract, two are disciplinary: the employee's gross violation of an obligation imposed by the individual or collective contract or the internal labour rules; and an ordinary violation of such an obligation where a measure of disciplinary liability has already been applied against the employee within the last 1 year. One violation must therefore be gross enough by itself, while the second time repetition decides.
An important restriction applies: a violation of an obligation imposed by the internal labour rules becomes a ground for termination only where the internal rules form part of the employment contract. The law also expressly protects certain categories: termination is impermissible on grounds of discrimination, during the period following notification of pregnancy, during military or alternative service, or while serving as a juror.