SHOULD THE EMPLOYEE'S DEFENSE BE OBTAINED BEFORE ISSUING A FORMAL WARNING DUE TO THEIR CONDUCT?

IS IT NECESSARY TO OBTAIN AN EMPLOYEE'S DEFENSE BEFORE ISSUING A WARNING REGARDING THEIR CONDUCT?

Law No. 4857 imposes the obligation to obtain a defense on the employer only before the termination of the employment contract. The employer is not obligated to obtain the employee's defense before issuing a warning. Therefore, failure to obtain the employee's defense while issuing a warning regarding their conduct does not invalidate the warning. The employee's defense must be obtained before the termination of the contract.