Labor sanctions: how the non-compliant worker can challenge them

With the terms “labor reprimand” or “labor sanction” refers to the disciplinary sanctions that companies can impose on their employees when they consider that they fail to comply with their labor obligations, although both have different reasons. Nevertheless, if the worker does not agree with the warning, explains, “You should not sit idly by, regardless of the degree, mild or severe, if you are not satisfied with it ”.

The online legal services company clarifies that “It is important to challenge a labor penalty because if the worker is repeatedly penalized and these sanctions become firm, the company can carry out in some cases the disciplinary dismissal of the worker ”.

Thus, expert lawyers in Labor Law from, indicate that, “If the worker is not satisfied with said reprimand, because the facts attributed to them are not directly true, he must challenge the sanction. The main reason for carrying out this action is that, if it is not done, in the future the company may benefit from the fact that the worker has been imposed several sanctions in a period of time to justify the final dismissal ”.

This is how a sanction is challenged

The procedure is similar to that of challenging a dismissal, says the online legal services company. First of all, the worker must sign the warning letter as not compliant and, subsequently, present the conciliation ballot at the SMAC (Arbitration and Conciliation Mediation Service) within 20 business days. As with a dismissal, although it is not mandatory to go to a labor lawyer, it is totally advisable to seek legal advice and accompany the sanctioned worker in this process.

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If the SMAC does not reach an agreement with the company, the worker must go to court to present the claim and challenge its sanction, whether it is considered in the Collective Agreement of application as mild or very serious.

And this is where, again, reiterates the importance of starting the whole process accompanied by a labor lawyer: that he is the one who drafts the conciliation ballot first presented in the SMAC, since the subsequent demand cannot change the content described in said ballot. That is, if information is missing in that document, then it cannot be included in the lawsuit filed in court.

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