Disciplinary penalties in the workplace are regulated by the Polish Labor Code (Art. 108-113). They are a tool of the employer’s organizational authority, but their application is subject to strict legal conditions. In practice, however, employers – especially in public institutions – often abuse this instrument, using it to silence employees who express different opinions or question management decisions.
Legal framework for disciplinary penalties
Under the Labor Code, an employer may impose a disciplinary penalty only for:
- Violation of the established work organization and order.
- Violation of health and safety regulations or fire safety regulations.
- Unjustified absence from work.
Importantly, the penalty can only be imposed for specific, objectively verifiable violations of the rules, not for the employee’s attitude, opinions, or relationship with management.
The ZUS case
In the case I handled at the 1st Branch of ZUS Warsaw, a disciplinary penalty (reprimand) was imposed on an employee who expressed disagreement with management decisions during a team meeting. The employer qualified this as a “violation of work organization” and imposed a formal reprimand.
The District Court found this penalty to be unlawful. The court held that expressing a different professional opinion during a meeting does not constitute a violation of work organization. The employer cannot use disciplinary penalties to suppress legitimate professional discourse.
This case is a clear example of the misuse of disciplinary measures in public institutions and an important signal to employees that their rights are protected.
Paweł Osiński
Attorney specializing in labor law and employee rights