Employment law

Discipline: each party's obligations

25 September 2026

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

ObligationWhat it covers
Hygiene, safety and healthObserve the applicable requirements and wear the equipment provided
HoursKeep to the hours set by management
Diligence and loyaltyCarry out assigned tasks conscientiously
Knowledge of the roleKnow one's professional responsibilities
ConductMaintain appropriate conduct with colleagues and clients
ConfidentialityPreserve the confidentiality of company information
ContributionWork towards the objectives set
ReputationProtect 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.

StepWhat it produces
Written request for explanationEstablishes that the facts were brought to the person's attention
A reply period of at least 48 hoursShows the decision was not impulsive
Collecting the reply, in writingPreserves the employee's version before any decision
Written, reasoned notificationFrames 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 ruleWhat it implies
Discipline rests on mutual obligationsThe employer sets the framework, staff observe it
An unwritten rule is hard to enforceThe internal rules are what make it opposable
Written request for explanation, 48 hours to replyA practice to systematise: it makes the breach provable
The sanction is proportionateTo the gravity or repetition of the breach
Lay-off capped at eight daysFines and disciplinary deductions prohibited
The burden of proving the ground lies with the employerThe file is built before the decision