exercise of the disciplinary power
The public employer has disciplinary power over their employees whilst the public employment relationship exists.
On the other hand, the public employees are disciplinarily held liable before their hierarchical superiors since the formation of the public employment relationship, in any of its forms.
The holders of top management posts of the direct and indirect state administration services are disciplinarily held liable before the member of the Government who exercises the respective oversight or supervision.
The disciplinary liability of the public employee is excluded, when acting in compliance with orders or instructions that are issued by the legitimate hierarchical superior and in matters pertaining to the service, when previously have complained of them or requested their transmission or confirmation in writing.
The duty of obedience terminates whenever the compliance with orders or instructions shall entail the practice of any crime of any kind whatsoever.
Disciplinary infraction is deemed the public employee’s behaviour, for action or omission, even though merely culpable, that breaches general or special duties inherent to the functions fulfilled.
The disciplinary sanctions applicable to employees in public functions for offences committed are as follows:
- Written warning or reprimand;
- Disciplinary procedure or dismissal.
The disciplinary sanction of termination of the tenure as main or accessorily sanction is applicable to holders of management positions and equivalent posts.