1. Purpose
This policy establishes a fair and consistent framework for managing employee conduct and
performance issues in accordance with Portuguese labour law. It ensures that all disciplinary
actions are handled objectively, transparently, and lawfully, while giving employees the
right to respond and defend themselves.
2. Scope
This policy applies to all employees of Vandey, regardless of position, contract type, or
length of service.
3. Policy Statement
Vandey expects all employees to maintain high standards of conduct, integrity, and
performance. When conduct or performance falls below the required standards, the
company will take corrective action that is:
- Fair, consistent, and proportionate.
- Compliant with the Portuguese Labour Code (Articles 328–334).
- Based on a full and impartial investigation.
- Respectful of the employee’s right to be heard and to be assisted during proceedings.
4. Principles
- Disciplinary action will only be taken after a fair and thorough investigation.
- Employees will be informed in writing of any allegations before disciplinary action is taken.
- Employees have the right to reply (direito de defesa) before any decision is made.
- Disciplinary measures will be proportionate to the seriousness of the misconduct.
- All disciplinary records will be kept confidential and stored securely in the HR department.
5. Types of Misconduct
5.1 Minor Misconduct
Examples include (but are not limited to):
- Occasional lateness or absenteeism.
- Failure to follow company procedures.
- Negligence in carrying out duties.
- Inappropriate behaviour or minor insubordination.
5.2 Serious Misconduct (Falta Grave)
Examples include:
- Repeated or deliberate violation of company rules.
- Breach of confidentiality or data protection laws.
- Theft, fraud, or misuse of company property.
- Harassment, discrimination, or violence in the workplace.
- Substance abuse while on duty.
- Gross negligence leading to damage or injury.
6. Disciplinary Steps
6.1 Informal Action
For minor issues, the manager may discuss the concern informally with the employee to
encourage improvement. This step is not recorded as formal discipline unless the problem
persists.
6.2 Formal Procedure
Step 1: Written Notice (Nota de Culpa)
- The company will issue a written statement of accusation detailing the alleged misconduct.
- The employee has 10 working days to submit a written defence.
- The employee may be accompanied by a representative.
Step 2: Investigation
- HR and management will review all relevant evidence.
- The employee’s response will be carefully considered.
- An interview or hearing may be conducted.
Step 3: Decision and Disciplinary Action
| Level |
Disciplinary Measure |
Typical Use Case |
| 1 |
Verbal Warning |
Minor first-time offences |
| 2 |
Written Warning |
Repeated or more serious misconduct |
| 3 |
Final Written Warning |
Persistent misconduct |
| 4 |
Suspension (up to 30 days) |
Serious misconduct under investigation |
| 5 |
Dismissal with Just Cause |
Gross misconduct (Article 351) |
Step 4: Notification
- The disciplinary decision will be communicated in writing.
- The employee has the right to appeal or contest the decision.
7. Suspension During Investigation
In cases of alleged serious misconduct, the employee may be suspended with pay while the
investigation is ongoing. Suspension does not imply guilt.
8. Appeals Procedure
- Employees may appeal within 5 working days.
- An impartial authority will review the appeal.
- The appeal outcome will be final.
9. Record Keeping
- All disciplinary documentation will be stored confidentially.
- Verbal warnings remain active for 6 months and written warnings for 12 months.
10. Reference
For reference purposes, the Portuguese version of this policy is available at:
Política de Procedimentos Disciplinares – Versão Portuguesa
