Disciplinary proceedings: employee explanations and disciplinary penalties imposed by a dismissal order

Article 193(1) of the Bulgarian Labour Code requires the employer to hear the employee or accept written explanations before imposing a disciplinary penalty. The explanations must be sought specifically in the disciplinary proceedings relating to the proposed penalty. The employee must know why the explanations are being sought and give them in connection with the proposed disciplinary action. The employer bears the burden of proving compliance with Article 193.

Under Article 195(1), the order imposing a disciplinary penalty must give reasons and identify the employee responsible, the offence, when it was committed, the penalty and the statutory provision on which it is based. A dismissal order must state the facts on which the authority imposing the penalty relies. The misconduct giving rise to the penalty must be specified. Giving reasons allows the court to check that the employee was not penalised twice for the same offence and that the time limits in Article 194 were observed. It also enables the employee to mount an effective defence. The order must identify the employee and describe the offence with sufficient clarity and detail to establish that it was issued by a person authorised to impose disciplinary penalties and that the mandatory requirements of Articles 193, 194 and 195 were observed.

Under Article 126, points 1 and 3, employees must arrive at work on time, remain at their workplace until the end of working hours and use all their working time to perform the tasks assigned to them. Duties whose breach constitutes misconduct must arise from the particular employment relationship. If the claimant disputes the allegations, the defendant must fully establish both that the disciplinary offences occurred and that they correspond to the facts set out in the disciplinary order.

This article does not constitute a legal opinion or advice concerning a particular situation or person. For assistance with an employment dispute involving disciplinary dismissal or another disciplinary penalty, consult a lawyer.