Disciplinary procedures and possible sanctions

If you are subject to a disciplinary process

Let’s hope this is never needed, but it’s important that you know your rights and the Significa processes if you are ever subject to a disciplinary process.

Firstly, we are all human, a disciplinary process can be stressful for everyone involved. We know that everybody may respond differently to a stressful situation such as this one. It may well have a negative effect on your mental health. We are committed to supporting your well-being throughout this process, you should make note of Mental health support and you may also benefit by reaching out to a professional at Help via Pulso for guidance.

Principles

We will primarily consider informal action, where appropriate, to resolve any problems. Only if a formal procedure is needed will we take disciplinary action against you until the case has been fully investigated.

For formal action, we will advise you of the nature of the complaint against you and allow you to state your case before any decision is made.

We will provide you the formal accusation and allow you to defend yourself, you may consult the disciplinary process, with written copies of evidence and relevant witness statements before stating your defence.

You will not be dismissed for a first breach of discipline, except in the case of gross misconduct, when the penalty is dismissal.

You may appeal against any disciplinary decision both to Significa Managing Partners and/or to the Labour Court.

Your right to be accompanied

You have the right to be accompanied by a companion where a disciplinary meeting could result in:

• a formal warning

• some other disciplinary action

The right is to be accompanied by:

• A peer - someone you work with or, in a formal disciplinary process, by a lawyer of your choice.

The procedure

• The procedure may start with a preliminary investigation phase, where information about the case will be gathered, with hearings and internal meetings to gather information about the case.

• A formal written disciplinary note (accusation) will be delivered to you.

• You will have a 10 day’s period to check the disciplinary process and to respond to the disciplinary note (accusation).

• You may be assisted by a lawyer.

• With your response, you may provide documents, demand for a witness hearing or any other admissible evidence, for your defence.

• At the end of the process, a disciplinary decision will be taken and delivered to you.

• You may appeal the disciplinary decision to the Significa Managing Partners and/or to the Labour Court.

If there's a serious issue or situation, we might suspend you while conducting a disciplinary investigation. Suspension is when we tell you to stop working temporarily. You would be on full pay throughout the suspension period.

We will consider each situation carefully before deciding to suspend you. Suspension will not be needed for most investigations. Suspension does not mean you have done anything wrong and will not be used to discipline you. We understand being suspended might be stressful, so we will:

• only suspend you if there's no other option.

• support you throughout the suspension period, always considering your mental health and well-being.

Disciplinary Penalties/Sanctions

Once the procedure has played it's course and a decision has been made according to the seriousness of your misconduct, the disciplinary penalties/sanctions that can then be taken against you are:

a) Informal unregistered warning.

b) Written and registered warning.

c) Financial penalty/sanction:

• (Limited to 1/3 of the daily wage per infraction and to 90 days wage per year, for the total of penalties in each year) (*)

d) Loss of holidays

• (You’ll always have the right to have at least, 20 working days holiday in each year, regardless of the loss of holidays penalties/sanctions)

e) Temporary suspension of the labour contract without any payment (during the suspension)

• (Limited to 30 days per infraction and 90 days in each year)

f) Dismissal

• (*) The amount of the financial penalty will have to be delivered to the Social Security Administration we (Significa) won’t keep any of the money from the financial penalty/sanction.

Gross misconduct

The following list gives some examples of offences usually regarded as gross misconduct:

The following list gives some examples of offences usually regarded as gross misconduct:

• Theft or fraud

• Physical violence

• Bullying

• Deliberate and serious damage to property

• Serious misuse of Significa's or a client's property or name

• Serious insubordination

• Discrimination or harassment

• Bringing Significa into serious disrepute

• Causing loss, damage or injury through serious negligence

• A serious breach of health and safety rules

• A serious breach of confidence

• Unjustified absences from work

Dismissal and other actions

In the case of serious/gross misconduct, the final step in the procedure may be dismissal.

In that case, the disciplinary note (accusation) that will be delivered to you will state that the procedure might end with your dismissal.

You will have a 10-day period to check the disciplinary process and to respond to the disciplinary note (accusation).

You may be assisted by a lawyer.

With your response, you may provide documents, demand for witness hearing or any other admissible evidence for your defence.

At the end of the procedure, a formal decision will be issued with:

• The reasons for your dismissal

• The date your employment will end.

You may appeal of the dismissal decision to the Labour Court.

If an action short of dismissal has been decided on, at the end of the process, you will receive the disciplinary decision with:

• The disciplinary penalty/sanction that was decided.

• The reasons (justification) for the disciplinary penalty/sanctions

• The date when the penalty/sanction will be executed