Disciplinary Action Policy
Policy brief & purpose
This policy aims to clarify the possible reasons and conditions for disciplinary action to be taken.
Scope
This policy applies to all our employees.
Policy Elements
Disciplinary actions may be initiated by the Company in case of established breaches of the labor discipline. A culpable failure to fulfill labor duties shall constitute a breach of work discipline. Please note: a Disciplinary action can occur at the same time as a Corrective Action Plan (CAP).
Systematic Disciplinary action
A Systematic Disciplinary action constitutes of three steps:
First, a reprimand will be issued. In case if re-incidence the employee will receive a warning of dismissal and finally if the problem is not solved, we will terminate the employment contract.
Examples that could lead to a systematic disciplinary action:
Failure to meet performance objectives, which is due to the guilty behavior of the employees
Guilty failure to meet deadlines
Willful neglect of job responsibilities
Immoral behavior on the job
Lost temper in front of customers or partners
Unwillingness to follow health and safety standards
Losing temper in front of customers or partners
Discriminatory behavior or harassment
Causing intentional damage to the company’s assets
Disregarding of company policy and non-execution of lawful orders of the employer
Reporting for work late, leaving early, being absent from work of failing to utilize working time efficiently
Non-fulfillment of other labor duties.
Instant Contract Termination
In case of severe violations to our labor discipline and conduct, we reserve the right to skip the three steps of the Systematic Disciplinary action and terminate the employment contract immediately. Examples that could lead to instant contract termination:
Severe Immoral behavior on the job
Misuse of the trust of the employer
Leaking confidential information
Severe unwillingness to follow health and safety standards
Corruption/ Bribery
Workplace Violence
Embezzlement/Fraud or other kinds of illegal actions against the Company
Causing severe intentional damage to the company’s assets
Abusing the confidence and damaging the reputation of the enterprise, as well as disclosure of data which is confidential in respect of the enterprise
Procedure
The disciplinary procedure starts with the employer’s request to the employee to provide written or oral explanations on the breach within a term set forth in an ordinance of the employer in which the established so far circumstances which substantiate the commitment of a disciplinary breach shall be included. The failure or the rejection of the employee to provide an explanation does not impede the Company to continue the disciplinary procedure and to impose a disciplinary sanction after having gathered and accessed relevant evidence.
The Company may choose the appropriate sanction upon its own discretion. It decision depends on frequency and gravity of the breach (one-time minor offense or frequent offender, minor or major breaches, etc.), employees’ reaction to disciplinary procedures conducted with regard to former breaches, whether they repent their behavior and the nature of their offense/breach, the circumstances of the commission, as well as the conduct of the employee. Only one disciplinary sanction may be imposed for one and the same breach of work discipline. However, before an employee is penalized the Company shall have the right, but not the obligation, to discuss correcting actions with an employee by granting the employee a reasonable term to correct her/his conduct and behavior. The employee may receive actionable feedback on how to deal with a reach. Disciplinary sanctions shall be imposed within the terms set forth in the law by a motivated order in writing, which shall specify the identity of the offending employee, the breach and the date of commission, the sanction and the provision of the law pursuant to which the sanction is imposed. Disciplinary sanction order shall be served on the worker or employee upon signed acknowledgment of service, noting the date of service. Should it be impossible to serve the order on the worker or employee, the employer shall send the said order to the said worker by registered mail with advice of delivery.
The disciplinary sanction shall be considered imposed as from the day of delivering the order to the employee or as from the day of receipt of the said order, where the order has been by registered mail. Simultaneously with or irrespective of whether a procedure for imposing a disciplinary sanction the employer or the immediate supervisor or may suspend from work without paying an employee who reports for work in a state which prevents him/her from performing his or her labor duties, consumes alcoholic beverages or other strong intoxicating substances during working time. The suspension continues until the worker or employee restores his or her fitness to execute the work assigned thereto. In case of a disciplinary breach, the Company may also decide on the detraction of certain benefits as long as they are not mandatory by law. For detriment caused to the Company due to a breach of labor discipline simultaneously with the imposition of disciplinary sanction, the employee may be exposed to financial liability toward the Company. We are obliged to refrain from disciplinary actions that may constitute retaliatory behavior. A no retaliation company policy will be effective at all times to ensure there is no misuse of the disciplinary procedures provided in the law and in this policy. Any disciplinary action launched by the Company should serve the purpose to enforce discipline in a fair and lawful manner.
Policy Violation
Disciplinary actions are guaranteed by the Bulgarian Labor Law, therefore it's in the Employer's right to enforce them. In case the employees do show any improvements on their behavior, the following actions will be taken:
Corrective Action Plan may occur along with the Disciplinary action
Termination of Employment: if a severe violation
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