Why you cannot discipline anyone without rules
Step 1 / 3·A familiar situation
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Learning objectives — after this module you will:
- Explain why registered rules are a precondition for discipline
- Know the threshold at which written rules become mandatory
- Recognise the practical risk of unregistered rules
A familiar situation
See the consequence before looking at the provisions.
An employee is absent without leave for five consecutive days. The line manager proposes dismissal. The file is complete: timesheets, reminder messages, minutes of a meeting. To any observer this looks clear-cut.
But when HR checks, it turns out the company's internal labour rules were issued last year, signed by the director and posted on the noticeboard — and never registered with the state labour authority.
The consequence: those rules have no legal effect. Without effective rules there is no basis for determining which conduct is a breach and what sanction applies. A dismissal in this situation is very likely to be found unlawful, with an obligation to reinstate and compensate.
The crux
Internal rules are not an internal document kept for appearances. They are what the employer's entire right to discipline rests on. Issued but not registered is, legally, close to nothing at all.
