Labor discipline represents the obligation of all employees to be subject to rules of conduct established in accordance with this code, other normative acts, collective agreements, collective and individual labor contracts, as well as normative acts at unit level, including the internal regulations of the unit.

Work discipline is ensured in the unit by creating by the employer the economic, social, legal and organizational conditions necessary to perform high productivity work, by forming a conscious attitude towards work, by applying incentives and rewards for conscientious work, as well as of sanctions in case of committing disciplinary offenses.

1. For success in work, the employer may apply incentives in the form of:

a) thanks;

b) unique prizes on the occasion of anniversaries, professional holidays and non-working public holidays, as well as on other occasions;

c) price gifts;

d) honorary diplomas.

(2) The internal regulations of the unit, the statutes and the disciplinary regulations may provide other ways of stimulating the employees.

(3) For special successes at work, merits towards the company and towards the state, the employees can be presented to state distinctions (orders, medals, honorary titles), they can be awarded state prizes.

(1) The incentives are applied by the employer after consulting the employees' representatives.

(2) The incentives shall be recorded in an order (disposition, decision, decision) and shall be brought to the attention of the work team.

Employees who conscientiously and efficiently fulfill their work obligations are given, as a matter of priority, advantages and facilities in the field of social-cultural, housing and living services (tickets in spa institutions, rest homes, etc.). These employees also have the priority right to advance in the service.

(1) For the violation of the work discipline, the employer has the right to apply to the employee the following disciplinary sanctions:

a) the warning;

b) reprimand;

c) harsh rebuke;

d) dismissal (on the grounds provided for in art. 86 para. (1) letter g) -r).

(2) The legislation in force may provide for some categories of employees and other disciplinary sanctions.

(3) It is prohibited to apply fines and other pecuniary sanctions for violation of labor discipline.

(4) Only one sanction may be applied for the same disciplinary violation.

(5) When applying the disciplinary sanction, the employer must take into account the gravity of the disciplinary violation committed and other objective circumstances.

(1) The disciplinary sanction is applied by the body to which the right of employment (election, confirmation or appointment) of the respective employee is assigned.

(2) To the employees who bear disciplinary responsibility according to the statutes or disciplinary regulations and other normative acts, disciplinary sanctions may be applied by the bodies hierarchically superior to those indicated in paragraph (1).

(3) The employees holding elective positions may be dismissed (art. 206 par. (1) letter d)) only by the decision of the body by which they were elected and only on legal grounds.

(1) Until the application of the disciplinary sanction, the employer is obliged to request in writing to the employee a written explanation regarding the committed deed. The explanation regarding the committed deed can be presented by the employee within 5 working days from the date of the request. The refusal to provide the required explanation shall be recorded in a report signed by a representative of the employer and a representative of the employees.

(2) Depending on the gravity of the deed committed by the employee, the employer is entitled to organize a service investigation, the duration of which may not exceed one month. During the investigation, the employee has the right to explain his attitude and to present to the person authorized to carry out the investigation all the evidence and justifications that he considers necessary.

(1) The disciplinary sanction is applied, as a rule, immediately after the finding of the disciplinary violation, but not later than one month from the day of its finding, without taking into account the employee's time on annual leave, study leave or leave medical.

(2) The disciplinary sanction cannot be applied after the expiration of 6 months from the day of committing the disciplinary violation, and following the revision or control of the economic-financial activity - after the expiration of 2 years from the date of the commission. The indicated terms do not include the duration of the criminal procedure.

(1) The disciplinary sanction shall be applied by means of an order (provision, decision, ruling), which shall state the mandatory nature of the sanction:   

a) the factual and legal grounds for the application of the sanction;

b) the time limit within which the sanction may be appealed;

c) the body to which the penalty may be appealed.

(2) The order (disposal, decision, solution) imposing the sanction, with the exception of the disciplinary sanction in the form of dismissal under Article 206(1)(d), which shall be applied in accordance with Article 81 paragraph (3), shall be communicated to the employee, under signature or by another means allowing confirmation of receipt/notification, within 5 working days at the latest from the date of issue, and if the employee works in an internal subdivision of the unit (branch, representative office, deconcentrated service, etc.) located in another locality - within 15 working days at the latest and shall take effect from the date of communication. The employee's refusal to confirm by signature the communication of the order shall be recorded in a record signed by a representative of the employer and a representative of the employees.

(3) The order (disposal, decision, solution) of sanctioning may be challenged by the employee in court under the conditions of Article 355.

(1) The term of validity of the disciplinary sanction may not exceed one year from the day of application. If during this term the employee will not be subject to a new disciplinary sanction, it is considered that the disciplinary sanction has not been applied to him.

(2) The employer who applied the disciplinary sanction is entitled to revoke it during a year on his own initiative, at the request of the employee, at the request of the employees' representatives or of the direct boss of the employee.

(3) Within the term of validity of the disciplinary sanction, the sanctioned employee may not be subject to the incentives provided in art.203.

The following actions of the employee are considered a serious breach of work obligations:

a) receiving and releasing the goods, as well as the funds without completing the corresponding documents;

b) the provision of services through the use of the function in exchange for a remuneration, a service or other benefits;

c) the use for personal purposes of the money collected;

d) the use for personal purposes of the employer's assets and of the assets under the employer's management (fixed assets owned, leased, loaned) without his written consent;

e) non-compliance with the confidentiality clause;

f) violation of occupational safety and health requirements, found in writing by the head of the unit, the designated worker, the internal or external protection and prevention service or the State Labor Inspectorate, if this violation has had serious consequences ( accident, damage) or created a real and imminent danger of such consequences;

g) the refusal to pass the medical examination, if it is mandatory, and the employee has been informed by the employer, in writing, about the obligation to pass the medical examination;

h) causing material damage the amount of which exceeds five average monthly salaries per economy forecast.

(1) The periodic evaluation of the individual performance of the employee is the staff evaluation procedure, which determines the level of achievement of individual performance indicators, in order to assess the results achieved, identify professional development needs, make decisions regarding the employee's career, and applies to the categories of staff eligible for evaluation, in accordance with the employer's decision.

(2) The stages and procedures of evaluating the individual performance of the employee are specified in the unit's internal regulations.

(3) It is the employer's responsibility to issue the order determining the individual performance appraisal period, to inform the employee and to approve the list of appraisers.

(1) Individual performance indicators shall be established by the employee's employer after consultation with the employee and shall be made known to the employee in writing.

(2) Individual performance indicators shall be established not more frequently than every 3 months and shall be reasonably similar to those formulated for other employees in similar positions with the same level of experience and training. The indicators will correspond to the following requirements:

a) they must be specific to the employee's duties as set out in the individual employment contract;

b) be measurable - have a concrete form of achievement;

c) they must reflect deadlines for achievement; 

d) be achievable - be able to be achieved within the time limits and with the resources allocated. 

(1) The evaluation of an employee's individual performance shall consist of comparing the results of the employee's work with established individual performance indicators and awarding a performance rating.

(2) The individual performance appraisal procedure shall provide for at least 3 separate performance ratings, correlated with the level of achievement of the individual performance indicators, in accordance with the grid set out in the unit's internal rules.

(3) The "unsatisfactory" rating shall be assigned to the minimum level of achievement of the individual performance indicators, in accordance with the provisions of the unit's internal rules.

(4) The individual performance appraisal is a procedure that is carried out periodically, the periodicity of which is laid down in the internal rules of the unit. The appraisal shall be carried out not more often than once every 3 months and the total duration of the appraisal procedure shall not exceed one month from the date of its initiation to the date the employee is informed about the results of the appraisal.

(5) The employee shall be informed in writing about the initiation of the appraisal procedure at least 5 days in advance.

(6) The evaluation of the employee's individual performance shall be carried out by the employee's immediate manager or by an evaluation committee set up for this purpose by the employer.

(7) The employee shall have the right to provide explanations regarding the achievement of the established individual performance indicators.

(1) The results of the individual performance appraisal, including the assessment made and the justification of the assessment, shall be communicated to the employee in writing and may be appealed by the employee to the employer within five working days from the date of communicating the results of the assessment.

(2) The employer shall consider the complaint within ten working days from the receipt thereof and inform the employee in writing about its decision on the complaint. If the employee does not agree with the decision of the employer, the employee may appeal the decision in court within 30 days from the date the employer submitted its written decision on the complaint.

(3) The results of the individual performance appraisal shall be taken into account in the employer's decision on promotion, dismissal, need for training and financial or non-financial incentives for the employee.