In any organization, regardless of its size or field of activity, situations may arise that disrupt the proper functioning of day-to-day operations. From repeated lateness, lack of communication, failure to follow internal procedures, or unauthorized absences, to behaviors that directly affect the team or business results — these are all realities that employers and HR departments face on a regular basis. Even if some situations may seem minor at first, they have a direct impact on efficiency, morale, and the organizational climate. Ignoring them can lead to long-term tensions or imbalance.
In this context, disciplinary sanctions should not be seen as punitive tools, but rather as corrective and preventive measures. Their purpose is to restore order, discourage the repetition of non-compliant behavior, and maintain a fair and professional work environment for all employees. They act as a mechanism through which the employer communicates clear expectations regarding workplace conduct and the way internal rules, labor legislation, and contractual obligations must be respected.
When Can an Employer Apply a Disciplinary Sanction?
Any organization may encounter situations where an employee violates internal rules, labor law, or contractual obligations. However, disciplinary measures must be applied responsibly, only after analyzing the context and the consequences of the misconduct.
In such cases, the employer has disciplinary authority and may impose sanctions when it determines that one of the disciplinary offenses provided by law or the internal regulations has occurred.
What Is a Disciplinary Offense and How Is It Legally Defined?
The Labor Code defines a disciplinary offense as an act related to work, consisting of an action or inaction committed with fault by the employee, through which they violate:
applicable legal norms,
the internal regulations,
the individual employment contract,
the collective labor agreement,
the lawful orders or instructions of hierarchical superiors.
Such a violation justifies the application of one of the disciplinary sanctions provided by law, if the act affects work activity or workplace discipline.
Common Examples of Disciplinary Offenses in Practice
The most frequent disciplinary issues encountered in day-to-day activity include:
repeated lateness,
failure to fulfill work tasks,
unjustified absence from work,
inappropriate behavior toward colleagues or clients,
failure to comply with health and safety procedures,
unauthorized use of company resources,
refusal to carry out tasks assigned by superiors.
This list is not exhaustive — any action that affects activity or internal rules may constitute a disciplinary offense.
When Is a Disciplinary Sanction Justified?
A disciplinary sanction must be:
proportionate to the seriousness of the offense,
preceded by an objective analysis,
based on evidence and a properly conducted disciplinary investigation*.
The employer cannot apply excessive or unjustified measures, and each sanction must be supported by the employee’s behavior and its consequences for the organization.
*The disciplinary investigation is a mandatory step under the Labor Code, during which the employer analyzes the alleged misconduct before applying a sanction (except for a written warning). During this stage, the employee is formally summoned, has the right to present their defense, submit evidence, and be assisted by a union representative or a labor law consultant. The purpose of this investigation is to clarify the situation, objectively evaluate the circumstances, and ensure a well-founded decision.
How a Disciplinary Sanction Is Applied
Applying a disciplinary sanction is a formal process strictly regulated by the Labor Code. Regardless of the severity of the misconduct, the employer must follow legal procedures to avoid having the sanction challenged in court.
What Disciplinary Sanctions Can the Employer Apply?
According to the law, the employer may apply the following disciplinary sanctions:
written warning,
demotion from the position for a maximum of 60 days,
reduction of the base salary by 5–10% for 1–3 months,
reduction of the base salary and/or management allowance for 1–3 months,
disciplinary termination of the individual employment contract.
Important: Only one sanction can be applied for the same offense.
Also, the sanction is automatically removed after 12 months if the employee does not receive another sanction during this period.
Steps Before Applying a Disciplinary Sanction
Except when the employer opts for the written warning, any other sanction requires a prior disciplinary investigation.
This involves:
appointing a person or committee to conduct the investigation,
sending a written summons to the employee, specifying the subject, date, time, and location,
granting the employee the right to present their defense and provide evidence,
allowing the employee to be assisted by a labor law consultant or union representative.
If the employee fails to appear without justification, the employer may continue the procedure and apply the sanction without completing the investigation phase.
What the Disciplinary Sanction Decision Must Include
The decision must be issued within:
30 days from the date the employer became aware of the act,
but no later than6 months from the date the offense was committed.
The document must include:
a full description of the facts,
the rules that were violated,
the justification for rejecting the employee’s defense,
the legal basis for the sanction,
the deadline for contesting the decision,
the competent court.
The decision must be communicated within 5 working days and takes effect on the date of communication.
Conclusion
Applying disciplinary sanctions requires rigor, documentation, and strict compliance with legal procedures. A correct approach protects both the employer and the team, contributing to a healthy and professional work environment.
To efficiently manage personnel processes, companies can rely on specialized services such as:
If you need support in implementing internal procedures or managing employment relations, Smartree can provide expertise and tailored solutions for your organization.
We are Smartree, leaders in outsourcing and personnel administration services, active for 25 years in the Romanian HR market. We deliver innovative, strategic, and automated solutions for your HR challenges. In addition to payroll and HR specialists, legislative consultants, and creators of the MyStaff platform, our goal is to be a trusted partner above all. Contact us for a conversation!
