The choice of a specific sanction from among all those included in the applicable collective agreement is an exclusive competence of the company's management. However, this power is not absolute and is conditioned by two principles:

• Typicity. The fact must be previously defined as a violation in the applicable collective agreement or in the law.
• Legality. The imposed sanction must also be provided for in the law or in the agreement.

In general, it is not mandatory for identical facts to always lead to the same sanction for all workers involved. Differentiated treatment is fully lawful and non-discriminatory, as long as there are objective reasons to justify it.

For a different sanction for the same fact to be valid, the company must apply an individualizing criterion based on the following factors:

• Professional category and responsibility. The conduct of a subordinate cannot be compared to that of a manager, as the latter has a higher duty of loyalty and must set an example.
• Graduation factors. Seniority, type of employment contract, and personal circumstances of the offender influence the seriousness of the offense.
• Absence of discrimination. Differential treatment is only illegal if it is based on discriminatory reasons (such as illness or retaliation for claiming any rights).

Ultimately, the company retains the power to adjust the disciplinary response – always within the limits of the collective agreement – according to each employee's circumstances. However, in case of differences between employees, it must explain and document the reasons.

 

Our professionals will inform you about any doubts you may have regarding disciplinary power and sanctions for workers.