In the context of corporate employer-employee relations, disciplinary dismissal represents the most severe penalty for violating labor discipline. Notably, it has both moral and financial implications. In this article you will get detailed insights on this sanction guided by Eurofast HR & Payroll experts in Bulgaria.
Compensation and Termination
When an employer unilaterally terminates an employment contract, the dismissed employee is obligated to compensate the employer.
The compensation varies based on the type of employment relationship:
Grounds for Disciplinary Dismissal
Employers can impose disciplinary dismissal for various reasons related to labor discipline violations.
Some common grounds include:
Time Limits for Imposing Disciplinary Sanctions
The law specifies strict time limits for imposing disciplinary sanctions:
- Discovery Period: Employers must act within two months from discovering the violation. Notably, in no case can the imposition occur later than one year from the violation's commission.
- Exceptions: These terms are preclusive, meaning that missing them extinguishes the employee's disciplinary liability and the employer's right to punishment. Exceptions include statutory leave, strike participation, and the time taken for medical evaluations or preliminary dismissal permissions.
Legal Procedure for Disciplinary Dismissal
Before imposing a penalty, employers must follow a specific procedure:
Avoiding Pitfalls
Employers often overlook dismissal procedures, risking court challenges. Such challenges can lead to reinstatement and compensation of up to six gross salaries
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.