⚖️ Due Process in the Workplace
The disciplinary process in labor matters must respect minimum constitutional guarantees that allow the actions taken by the employer to be lawful and guarantee the employee the fundamental right to work.
The Constitutional Court in Judgment C-593 of August 20, 2014, established the obligation for employers to have an objective and clear disciplinary procedure in the Internal Work Regulations.
The Disciplinary Procedure must comply with:
Formal communication of the initiation of the disciplinary process
Clear and precise formulation of the charges brought
Disclosure to the accused of all evidence supporting the charges
A period for the accused to present their defense and rebut the evidence
Final decision by the employer through a reasoned and consistent act
Imposition of a sanction proportional to the facts
Possibility to challenge the decisions through appropriate appeals