Article 102 - Disciplinary Measures Imposed on Workers
Q. What are the disciplinary measures that can be imposed on workers?
Employers or their representatives can impose disciplinary measures on workers, including warnings, fines, suspension with reduced pay, denial or deferment of periodical allowances or promotions, dismissal with or without prejudice to severance pay.
Article 103 - Circumstances Warranting Disciplinary Penalties
Q. What circumstances warrant disciplinary penalties?
The disciplinary regulation should outline the circumstances under which each disciplinary penalty can be imposed. The Minister of Labour and Social Affairs can issue a model table of disciplinary actions and rewards for employers to use as a guide.
Article 104 - Rules Regarding Fines for Workers
Q. What are the rules regarding fines for workers?
Fines can be specified as a certain amount or as an amount equal to a worker's wage for a specific period. A single fine for an offense cannot exceed five days' wage. No more than five days' wage can be deducted in any given month for fines.
Article 105 - Recording and Use of Fines
Q. How should fines be recorded and used?
Fines imposed on workers must be recorded in a special register, including reasons and circumstances, the worker's name, and wage amount. These fines should be deposited into an account to cover workers' social welfare costs, according to a resolution from the Minister of Labour and Social Affairs.
Article 106 - Denial of Periodical Allowances
Q. How often can periodical allowances be denied?
Periodical allowances can be denied once a year and deferred for up to six months.
Article 107 - Limitations for Denial of Promotion
Q. What are the limitations for denial of promotion?
Denial of promotion can be imposed for only one promotional cycle. The worker can be promoted in the next cycle if they meet the requirements.
Article 108 - Management of Financial Benefits from Denied Promotions or Allowances
Q. How are financial benefits from denied promotions or allowances managed?
The financial benefits gained from denying or deferring promotions or periodic allowances should be recorded and deposited into an account to cover workers' social welfare costs, according to a resolution from the Minister of Labour and Social Affairs.
Article 109 - Disciplinary Measures for Actions Outside the Workplace
Q. Can disciplinary measures be taken for actions outside the workplace?
Disciplinary actions cannot be taken against a worker for acts committed outside the workplace unless these actions are related to work, the employer, or the responsible manager. It's also prohibited to impose more than one penalty or to combine a disciplinary penalty with a wage deduction according to Article 61.
Article 110 - Procedures for Imposing Disciplinary Penalties
Q. What are the procedures for imposing disciplinary penalties?
No disciplinary penalty listed in Article 102 can be imposed on a worker without written notice of the charges, a hearing, and an opportunity for defense. This information, along with the penalty, must be recorded in a special file for the worker. The worker must also be informed in writing of the imposed penalties, their nature, amount, reasons, and possible penalties for repeated offenses.
Article 111 - Time Limit for Imposing Disciplinary Charges or Penalties
Q. Is there a time limit for imposing disciplinary charges or penalties?
A worker cannot be charged with a disciplinary offense more than 30 days after the offense is detected. Similarly, a disciplinary penalty cannot be imposed more than 60 days after the inquiry into the offense is completed, and the worker is found guilty.
Article 112 - Temporary Suspension from Work
Q. Can a worker be temporarily suspended from work?
A worker can be temporarily suspended from work if accused of deliberate offenses related to life, property, honor, honesty, or offenses connected with a strike. Suspension duration is from the incident report to the decision by competent authorities. During suspension, the worker isn't entitled to wages. If the suspension is found malicious, the worker must be reinstated and paid during the suspension period.
