Disciplinary and material responsibility of the employee

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Disciplinary and material responsibility of the employee

🔹 Introduction

 The Labor Code not only defines the rights of the employee but also their duties and the consequences of their violation. The employee may be subject to disciplinary responsibility for violating work organization and material responsibility for causing damage. However, the employer must always act within the bounds of the law – adhering to procedures and deadlines.
 

🔸 1. Disciplinary Responsibility – for Violation of Work Discipline

✅ Legal basis: Articles 108–113 of the Labor Code

🔹 What can an employee be punished for?

The employee may be subjected to disciplinary responsibility for:

  • Failure to adhere to established work organization,
  • Delays, unauthorized leaving of the workplace, failure to report for work,
  • Violation of health and safety regulations or fire safety regulations,
  • Failure to follow orders from superiors,
  • Failure to comply with workplace regulations,
  • Reporting to work under the influence of alcohol or intoxicants.

🔹 Possible penalties:

  • Warning - For minor offenses (first violations)
  • Reprimand - For repeated or more serious violations
  • Monetary penalty - Only for: unjustified absences, reporting while intoxicated, leaving work without justification

 
📌 The monetary penalty cannot exceed:

  • one daily wage for one offense,
  • in total not more than 1/10 of the net monthly salary (after deduction of contributions and tax).


🔸 2. Procedure for Imposing a Disciplinary Penalty

✅ The employer must:

  1. Listen to the employee (this can be done verbally or in writing),
  2. Impose the penalty within 2 weeks from receiving information about the violation,
  3. Not later than 3 months from the commission of the violation.

📌 The penalty must be imposed in writing, indicating:

  • the type of violation,
  • the legal basis (Article 108 of the Labor Code),
  • information about the right to appeal to the labor court.

🧾 Appeal:

  • The employee has 7 days to file an objection to the employer.
  • If the objection is rejected, they have 14 days to submit a claim to the labor court.


🔸 3. Material Responsibility – for Damage Caused to the Employer 

✅ Legal basis: Articles 114–122 of the Labor Code

The employee is materially responsible for damage if:

  • they violated their duties,
  • their action was faulty (intentional or unintentional),
  • a real property damage occurred to the employer,
  • there is a causal link between the employee's action and the damage.

🔹 Limited Responsibility (typical)

  • Applies in most cases,
  • Compensation may amount to a maximum of 3 times the gross monthly salary of the employee on the date of the damage,
  • Applies, for example, to damage to company property due to negligence. 

🔹 Full Responsibility

Occurs when:

  • the damage was caused intentionally,
  • it concerns entrusted property with a duty of return (e.g., car, laptop, cash, tools).

📌 In such cases, the employee is responsible for the full amount of the damage, and the employer does not have to prove fault – only the fact of entrustment and lack of return/damage.
 

🔸 4. Practical Examples

 An employee was late for work - Disciplinary - Warning or reprimand
An employee damaged office equipment - Material (limited) - Up to 3 gross salaries
A driver crashed a company car - Material (full – entrusted property) - Responsibility up to the full cost of repairs
An employee was drunk at work - Disciplinary + potentially disciplinary dismissal - Monetary penalty + Article 52 of the Labor Code

📚 Legal Basis 

  • Labor Code, Articles 108–113 (disciplinary) and 114–122 (material)
  • Supreme Court Rulings, including I PK 115/15 – scope of responsibility for entrusted property
  • Trade Unions Act – protection of union members in the context of penalties