Employment law
Discipline: each party's obligations
Discipline is often reduced to a list of sanctions. That is an incomplete reading, and a costly one: any breach of discipline constitutes misconduct that may lead to a sanction proportionate to its gravity or its repetition, but the rules must first have been set, known, and applicable to both parties.
A disciplinary regime rests on three pillars: what the employer owes, what staff owe, and the procedure linking a breach to a sanction. This article covers all three.
1. What the employer owes
Discipline first assumes a framework the company puts in place. Five obligations structure that part:
- cultivate mutual respect in professional relations;
- set measurable objectives responsibly, which then allows underperformance to be distinguished from culpable breach;
- support training and continuous learning;
- clearly define areas of responsibility;
- prevent sexual and moral harassment.
These obligations are not decorative: they condition how solid a sanction is. There is little use in criticising a breach of a rule never written down, or underperformance against objectives never set.
2. What staff owe
| Obligation | What it covers |
|---|---|
| Hygiene, safety and health | Observe the applicable requirements and wear the equipment provided |
| Hours | Keep to the hours set by management |
| Diligence and loyalty | Carry out assigned tasks conscientiously |
| Knowledge of the role | Know one's professional responsibilities |
| Conduct | Maintain appropriate conduct with colleagues and clients |
| Confidentiality | Preserve the confidentiality of company information |
| Contribution | Work towards the objectives set |
| Reputation | Protect the employer's image |
3. Prohibitions
Certain conduct is expressly prohibited, and belongs in the internal rules to be enforceable:
- consuming alcohol or toxic substances at the workplace;
- refusing overtime lawfully ordered;
- sleeping during working time;
- using company equipment without authorisation;
- smoking outside designated areas.
A note on the second line: refusing overtime is a breach only where it was lawfully ordered, within the applicable quota, without compromising the twenty-four-hour weekly rest, and with the premiums due.
4. The procedure before a sanction
Before any sanction, established practice requires that the employer send the employee a written request for explanation, allowing a minimum of 48 hours to reply.
The Labour Code does not impose this procedure; it usually comes from the collective agreement or the internal rules. But it deserves to be applied systematically, for a practical reason: it is what will make the breach provable. In a dispute, the burden of proving the legitimate ground lies with the employer.
| Step | What it produces |
|---|---|
| Written request for explanation | Establishes that the facts were brought to the person's attention |
| A reply period of at least 48 hours | Shows the decision was not impulsive |
| Collecting the reply, in writing | Preserves the employee's version before any decision |
| Written, reasoned notification | Frames the dispute on dated facts; it cannot be added to later |
Labour Code, Article L.51 (French).
5. The scale of sanctions and its limits
The applicable sanctions appear in the internal rules, running from a warning to termination of the contract. Two limits are absolute:
- temporary lay-off may not exceed eight days;
- fines and pecuniary sanctions are prohibited, as is any deduction from pay by way of discipline.
The sanction must also remain proportionate to the gravity or repetition of the breach. A scale is not an automatic tariff: it shows the possible gradation, it does not remove the need to assess the circumstances. See Internal rules. Labour Code, Articles L.34, L.69 and L.121 (French).
6. What to check before sanctioning
- Was the rule breached written and known?
- Are the facts dated, precise and established by material evidence?
- Was the employee given an opportunity to explain themselves?
- Is the sanction proportionate to the facts and the context?
- Is the decision reasoned in writing, on facts rather than a general assessment?
On characterising breaches and their consequences, see Misconduct in the company.
Key takeaways
| The rule | What it implies |
|---|---|
| Discipline rests on mutual obligations | The employer sets the framework, staff observe it |
| An unwritten rule is hard to enforce | The internal rules are what make it opposable |
| Written request for explanation, 48 hours to reply | A practice to systematise: it makes the breach provable |
| The sanction is proportionate | To the gravity or repetition of the breach |
| Lay-off capped at eight days | Fines and disciplinary deductions prohibited |
| The burden of proving the ground lies with the employer | The file is built before the decision |