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Proceedings, protest, letter, risk of dismissal: this is all there is to know about this disciplinary sanction.
The warning is a disciplinary sanction according to the Labour Code. The informed employee must be responsible for misconduct: failure to comply with the rules of procedure, refusal to obey the employer negligence… However, these faults are not serious enough to warrant dismissal or even a lay-off (with restraint on wages).
Attention: a fault can be punished only once. This does not mean that the fault can be repeated with impunity but that the following penalties (new warning, dismissal…) must all be on events that have not yet been sanction.
Unlike other disciplinary sanctions under the Labour Code, the warning does not affect by the presence of the employee in the company, his pay or his career development. As such, the procedure is simplified: no consultation between the employer and the employee is required, although this step is not prohibited. On the other hand, a warning should always take a written form.
The warning letter
A warning must be notified to the employee via a warning letter which can take the form of a registered letter with acknowledgement of receipt or hand-delivered against signature. It is imperative to present the employee grievances attributed to him and that, in a period between one clear day and two months after the knowledge of the wrongful conduct sanctioned.
Attention: a letter or an email warning the employee and returning to a fault can be considered a warning, even if the document does not specifically mention this sanction. Considered warning, an email banned so did another sanction for the same.
How much warning before dismissal?
The warning is a slight penalty which may lead to dismissal. However, the accumulation of incidents can lead to more severe sanctions. The employee can absolutely have interest to respond to a warning, to put forward mitigating circumstances or even challenge the wrongful nature of his behaviour.
Challenge a warning
An employee can contest a warning on grounds too: the warning is not warranted. It can also invoke discrimination one rely on extenuating circumstances. The challenge is via the Council of labor. In this case, it is better to proceed in written evidence that allow to exculpate themselves.