An administrative act is the description of a bad practice used by a collaborator that can be minimal to serious. In Europe, for example, applying an administrative act is a disciplinary sanction that notifies the employee of his upcoming dismissal. In this post we will share the applicable sanctions in an administrative act. The administrative records also serve as a legal document for the company to support itself in claims of wrongful termination. As a company, you only have 30 days to validate an administrative act as a reason for dismissal.
We also recommend: Importance of an administrative record
What sanctions are applicable in an administrative act?
- Suspension of activities (Maximum 8 days)
- Salary discount (Applicable in advances, losses or damages)
- Layoffs
It should be noted that these sanctions must be duly ratified in the minutes so that they are taken into account by the authorities. Said facts must be substantiated under the Internal Work Regulations and approved by the Conciliation and Arbitration Board.
You may also be interested in our video: Mexico Minimum wage 2021
The number of sanctions allowed to an employee are defined by the company (Grounded before the law). On the other hand, like the company, the employee also has the right to give an explanation or “justify himself” to the Human Resources area, who must listen properly and respectfully to the employee’s statements.
Finally, for an administrative act to be valid before the Conciliation and Arbitration Board, it must have two fundamental aspects: it must be based on the Internal Labor Regulations (RIT) and signed by two or more witnesses to the incident.
We also recommend: Personnel management outsourcing
At QuAdrans Law and Finance we value the importance of the sanctions that an administrative act may contain and we strive to generate clarity within the RIT. Our professionals will be in charge of designing action plans according to the organizational climate of your company. Contact us
Learn more about our outsourcing service by clicking here.
QuAdrans, accounting and legal office in Playa del Carmen
