Disciplinary Process

Version

2023-04-10

Approved by

Management

1. Meta Information

1.1. Definition

The disciplinary process is a procedure in which a possible offense is examined and, if necessary, sanctioned. The legal basis in Switzerland is the Code of Obligations and the Labor Law.

1.2. Purpose

It is important to ensure personnel understand the consequences of violations to prevent and handle individuals who violate policies and actively go against VSHN values.

1.3. Reference Documents

This is also related to the Information Security Management System (ISMS) but not only concerns violations against information security policies.

This policy relates to ISO/IEC 27002:2013 control A.7.2.3 and the new version ISO 27002:2022 to control A.6.4.

2. Procedure

We distinguish four stages of a disciplinary procedure:

2.1. First Announcement: Employee review

Participant: Employee / People Operations / Management

  • People operations or Management should conduct a designated interview to identify any wrongdoing and provide an explanation of the VSHN’s expectations.

  • Measures are defined with the employee to prevent future wrongdoing.

  • The employee is shown the consequences of further wrongdoing.

  • Whether the offense was intentional (malicious) or unintentional (accidental) must be documented.

  • It must be in writing and will be placed in the personnel file.

2.2. Warning (Second Warning): "Yellow card."

Participant: Employee / People Ops / Management

  • Employee objectively continues to violate employment duties.

  • Examples:

    • Refusal to work: Refusing or interrupting work without a justifiable reason.

    • Failure to comply with information security regulations.

    • Actively working to undermine VSHN’s values.

  • People operations clearly formulate the wrongdoing in writing and substantiate it with examples.

  • People operations issue a warning letter and point out the consequences of further wrongdoing (for example, final warning/termination).

  • People operations and the employee establish an action plan to address misconduct (Performance Improvement Plan (PIP)). This includes a timetable and specifies objectives to improve the behavior.

  • It must be in writing and will be placed in the personnel file.

2.3. Final Warning letter (last chance warning): "red card."

Participants: Employee / People Operations / Management

  • Further disregard of warning by employee → Lack of willingness to improve on the part of the employee.

  • Suspension of the automatic wage increase (for one year)

  • Analog 2: Formal request to refrain from certain behavior/action and warning of next measure in case of further wrongdoing: Termination.

  • It must be in writing and will be placed in the personnel file.

2.4. Cancellation

Participants: Employee / People Operations / Management

  • Termination process

  • Consult legal counsel if necessary

  • It must be in writing and will be placed in the personnel file.

3. Communication of this Disciplinary Process

This process is part of the employment contract.

The process is published in the VSHN Handbook.


This policy is tracked and approved by the Management with VIP-294