DISCIPLINARY PROCEEDINGS
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RIGHTS AND GUARANTEES IN A DISCIPLINARY PROCEEDINGS

» Limitation period for the right to instituting disciplinary proceedings

1 year on the date of the offence or 60 days after the taking notice of same

» Limitation period for the disciplinary proceedings

The proceedings terminates when 18 months have lapse counting from its instituting date whenever the decision notification is not made within this period

» Types of disciplinary penalties

May only be applied the disciplinary penalties provided for in the General Labour Law in Public Functions (LTFP)

» Types of effects of disciplinary penalties

Disciplinary penalties only take the effects provided for in the LTFP

» Limitation period of penalties

The serving of the penalty lapses if it does not commence in the time limit provided for in the law:

» 1 month for written reprimand,

» 3 months for the fine,

» 6 months for the suspension

» 1 year for the dismissal, dismissal due to a fact imputable to the public employee and termination of the limited executive tenure

» Obligation of hearing the public employee

No penalty may be applied without the public employee having the possibility of presenting his/her defence or, at least, of being heard

» Obligation of making an accusation

The employer entity is obliged to make an accusation, describing the circumstances of the mode, time and place of the infraction’s practice

» Defence right

The public employee has the right if he/she so wishes to present written defence

» Right to point out witnesses and request that all necessary legal steps be taken

The public employee is entitled to present up to 3 witnesses for each fact and of requesting examinations and legal steps of proof

» Right to a lawyer

The public employee is entitled to be represented by a lawyer, briefing him/her in any phase of the proceedings

» » Right of access to the file

The public employee may request access to the file, at any time

» Right to keep the file

After presenting charges the file may be handed over to the public employee’s lawyer

» Right to invoke suspicion of the person responsible for collecting evidence and specifying charges related to the case in question

The public employee may put forward an incidental plea of suspicion in relation to the person, charged with compiling data related to the case in question invoking doubts as to his/her neutrality

» Right to appeal

The public employee may appeal of the decisions taken by the person responsible for collecting evidence and specifying charges as well as in relation to final decision

» Right to review the proceedings

The public employee may request, at any time, the review of the proceedings if there are circumstances or means of proof that may demonstrate the inexistence of the facts

» Right to rehabilitation

The public employee has the right to request his/her rehabilitation making cease the effects of the penalty that subsist after: 6 months in the case of written reprimand, 1 year in the case of fine, 2 years in the case of suspension and termination of the limited executive tenure and 3 years in the case of removal from post and dismissal due to a fact imputable to the public employee