DISCIPLINARY PROCEDURE - DECISION PHASE

DISCIPLINARY PROCEDURE
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DECISION PHASE

» Summary

Phase in which the procedure is completed, indicating the completion of the procedure and decisions therein taken to the accused, examining officer and complainant, when this one has requested

» Decision

» Competence: entity that has instituted the procedure or the competent one for enforcement of the penalty

» Procedure: within the time limit of 30 days:

» An opinion may be requested within 10 days from the accused’s hierarchical superior

» Further legal steps may be requested to be carried out within the time limit scheduled

» Time limit of the decision: 30 days from:

» Receipt of the procedure

» Term of the time limit scheduled for further legal steps

» Term of the time limit for the issue of an opinion

» Failure to comply within the time limit:

» Non-compliance within the time limit of 30 days to request for further legal steps or the time limit of 30 days to decide shall entail the expiry of the right to punish

» Notification of the decision

» Time limit: 48 hours

» Exception: if a suspension penalty or higher is enforced, the notification may be postponed by 30 days, in the public interest

» Who is notified: accused, examining officer, complainant and, if they have been heard, the public employees committee and trade union association

» roduction of effects

» The penalties shall produce effects as from the following day to that of the notification or 15 days after the publication of the notification in the Official Gazette