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UNFAIR SANCTIONS

Under Article 32(1) of the Contract of Employment Act, disciplinary sanctions are deemed to be unfair if their imposition is motivated by the fact that an employee a) has made a legitimate complaint against employment conditions; b) has refused to obey instructions to which obedience was not due; c) performs, or runs as a candidate for, employee representative functions; or d) has in general exercised, sought to exercise or invoked the rights and guarantees conferred on them. Dismissal or any other sanction which is imposed within six months of any of these occurrences, or within one year of an employee's ceasing to perform the employee representative functions mentioned, even if apparently to punish some other offence, is automatically presumed to be unfair until the employer proves otherwise. The imposition of unfair sanctions may constitute a basis for resignation with just cause . In addition, the employer is obliged to pay the employee compensation under the general terms of law, subject to minimum amounts laid down for particular situations. The imposition of unfair sanctions also constitutes an offence which is punishable by a fine.

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