Definition of breach of work discipline in the work regulations
Code: PRPR00011
Question
Is it decisive for the assessment of the intensity of the breach of work discipline whether the employer has defined a certain procedure in the work regulations as a serious breach of work discipline?
The answer
When assessing the severity of a breach of labor discipline, the court (especially in nullity proceedings) is not bound by how the employer assesses certain actions of its employees in its labor regulations (or other internal regulations). If the employer mentions a certain procedure in its company rules as a serious breach of labor discipline, it is therefore not binding on the court.
Answer according to the current legal status valid on 10/29/2021.