The RA Labor Code provides that following disciplinary penalties may be applied for violation of workplace discipline:
1) reprimand;
2) severe reprimand;
3) rescission of an employment contract by grounds in Article 113(1) (5), (6), (8)-(10) of this Code.
2. Other disciplinary penalties may also be defined by law for employees in individual categories.
3. Application of disciplinary penalties not provided for by law shall be prohibited.
The gravity of violation and consequences thereof, the guilt of the employee, the circumstances behind the violation and the work that the employee has previously performed shall be taken into consideration in case of application of a disciplinary penalty. One disciplinary penalty shall be imposed for each disciplinary violation.Prior to application of a disciplinary penalty the employer shall demand from the employee a written explanation on the violation. Where within the reasonable time limit established by the employer the employee fails to submit an explanation with no valid reason, the disciplinary penalty may be applied without an explanation.
A disciplinary penalty may be applied within a month following revelation of the violation, not counting the periods of absence of the employee due to temporary incapacity, business trip or leave.A disciplinary penalty may not be applied if six months have elapsed from the day when the violation was committed. If the violation is revealed during an auditing, financial-economic activity, a check (inventory) of sums or other values, the disciplinary penalty may be applied where not more than one year has elapsed since the day when the violation was committed.Where a new disciplinary penalty has not been imposed on an officer within one year after the day of imposition of the disciplinary penalty it shall be considered as expired. The disciplinary sanction may be lifted before one year elapses, if an employee has not committed a new disciplinary violation and performs his or her employment duties with good faith.
The disciplinary penalty may be appealed through a judicial procedure.
