The administrative minutes are private and internal documents of the companies, which are used to record the actions of an employee (sometimes for having committed an offense), sometimes reflecting the result of an investigation, and usually serves to initiate a disciplinary or termination procedure of the employment relationship.
What does the Law say about administrative minutes?
The Federal Labor Law does not require the preparation of this type of document.
Even so, many organizations recommend their use because in them, the acts or facts that affect the employment relationship are recorded in manner, time and place, and that will serve as evidence in the event of a labor lawsuit.
In which cases does an administrative record apply?
They usually evidence:
- Unexcused absences
- Non-compliance with working hours
- Failure to comply with occupational health and safety measures
- Violent behavior
- Harassment or harassment (occupational or sexual)
- Consumption of alcohol or drugs during working hours
- Improper use of work tools provided by the company.
- Theft of or damage to the organization's property
What information should be included in an administrative record?
Every administrative record must contain at least:
- Date, place and time of preparation
- Person committing the offense and those affected
- Detail the fault or non-compliance with as much information as possible.
- Possible consequences
- Contributor's response, evidence for its defense.
In case what happened has to go to the Federal Courts and the Federal Center of Conciliation and Labor Registry, it is very important to include the following so that the authority will give validity to the document:
- Choose witnesses who have witnessed the acts or facts. They can also give their testimony
- The wording of the document should be in "straight lines" to avoid any alteration of its content.
- Number the sheets (indicate whether they were written on one or both sides).
- Include the signature of the participants, at the margin and bottom of each page. (If possible, ask the contributor to affix his or her fingerprint).
- Include copies of the official identifications of those who intervened.
Pursuant to Articles 780, 796, 797 and 800 of the Federal Labor Law:
When such document is provided with the purpose of proving the justified termination of employment for the employer, its scope and demonstrative force requires its perfection through the ratification of its content and signature by the employer, the employee and the witnesses for the prosecution.
This will allow the employee to ask questions of the employer and the alleged perpetrators, and thus be able to present a defense.
We hope you never have to go to these lengths, but you had better be prepared for any eventuality.
Finally, it is important to remember that, according to the Labor Conciliation Center, these types of disputes are usually resolved in an average of 45 days.
We invite you to subscribe to our blog to keep up to date with the world of payroll.
