Article 123. Principles and procedures of labor discipline
1. The labor discipline is regulated as follows:
a) The employer must prove the employee’s fault;
b) There must be the participation of the representative organization of the labor
collective at the grassroots level.
c) The employee must be present and has the right to defend himself, request a lawyer or
someone to defend. In case of a person under age 18, there must be the participation of
parents or the legal representative;
d) The labor discipline must be made in writing.
2. There is no permission to apply various forms of labor discipline for a violation of
labor discipline.
3. When an employee at the same time has many acts of violation of the labor discipline,
only the highest form of discipline shall apply corresponding to the most serious act of
violation.
4. There is no permission for the labor discipline for the employe in the following time
a) Taking leave due to sickness, in convalescence and work leave with the permission of
the employer;
b) Being in custody or detention;
c) Awaiting the results of the competent authority to investigate, verify and conclude for
the acts of violations prescribed in Clause 1, Article 126 of this Code;
d) The female employee is pregnant and takes maternity leave; the employee nourishes
her child under 12 months old
5. No labor discipline for the employee violating the labor discipline while suffering from
the mental illness or another disease that causes the loss of consciousness ability or the
loss of his behaviour control