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Investigation minute template: the step before any penalty

No penalty exceeding a fine of one day's wage may be imposed until the worker has been notified in writing, heard and their defence examined, by way of a minute filed in their personal file. This is that minute.

The minute is not a formality; it is the evidence an employer stands on if the decision is challenged. Article 64 of the Regulations makes it a condition for any penalty exceeding a fine of one day's wage.

The same requirement surfaces in Article 80 of the Law when termination is on the table, since its opening sentence requires the employer to give the worker the opportunity to state the reasons for objecting. The minute is what proves that opportunity was real.

A minute written after the decision differs from one written before it in substance, not in form: the first records a decision taken, the second records the process that produced it.

The statutory basis

Article 64 of the Regulations

No penalty exceeding a fine of one day's wage without prior written notification of the violation, hearing the worker, and examining the defence, by way of a minute filed in their personal file.

Article 80 of the Law

Termination without gratuity, notice or compensation is confined to nine cases and conditioned on giving the worker the opportunity to state their objection.

Article 66 of the Regulations

No disciplinary action for a violation discovered more than thirty days earlier without an investigation step, so the minute itself interrupts the period.

Article 65 of the Regulations

No penalty for conduct outside the workplace unless directly connected to the work, the establishment or its responsible manager.

Minute text

[Establishment name]
Investigation and hearing minute
Minute number: [Number]  |  Date: [Date]  |  Place: [Place]  |  Time: [Time]

1. Parties
Employee: [Full name]  |  Employee number: [Number]  |  Department: [Department]
Investigator: [Name and title]
Present: [Names and titles, if any]

2. Prior written notification
The employee was notified in writing of the violation on [date] by [letter reference], served by [hand / email / registered mail]

3. The alleged violation
Description: [Precise account of the incident, no general characterisations]
Date: [Date]  |  Time: [Time]  |  Place: [Place]
Date the establishment became aware: [Date]
Clause in the approved work regulations: [Clause number]
Supporting records: [Attendance record / line manager report / images / messages / other]

4. The employee's statements
Q: [Question]
A: [Answer in the employee's own words, not summarised]
Q: [Question]
A: [Answer]

5. Defence and supporting documents
Defence: [What the employee said in their defence]
Documents submitted: [List]
Result of examining the defence: [What the investigator verified on each point]

6. Conclusion
[Violation established / not established / matter closed], reasons: [Reasons]
Recommended penalty: [Type, amount and clause]

Employee signature on their statements: [Signature]  |  Date: [Date]
Investigator signature: [Signature]  |  Signatures of those present: [Signatures]

If the employee refuses to sign, record the refusal in the minute before two witnesses, stating their names, capacities and signatures
The original is filed in the employee's service file and a copy is given to them

Text in square brackets marks fields to fill with your own data. The template follows the provisions cited above and does not replace professional advice in a dispute.

Running the investigation

  1. 1Start within thirty days of the establishment becoming aware; delay without any step ends the liability under Article 66.
  2. 2Notify the employee in writing of the alleged violation before the hearing, not during it.
  3. 3Record questions and answers verbatim; a summarised minute loses its evidential value.
  4. 4Examine every point the employee raises and record the result, because the text requires the defence to be examined, not merely heard.
  5. 5Separate recommendation from decision: the investigator recommends, the competent authority imposes.
  6. 6Record any refusal to sign before two witnesses.
  7. 7File the original, give the employee a copy, then issue the penalty notice if the violation is established.

Mistakes that recur

A hearing with no prior written notice

The text sets an order: written notification, hearing, examination of the defence.

Summarising the employee's words

The value of the minute lies in verbatim statements; a summary invites the argument that the words were not theirs.

Writing the minute after the decision

Article 64 places the minute before the penalty, and writing it later does not cure the defect.

Omitting the date of awareness

The thirty-day period in Article 66 runs from it, so its absence removes the employer's proof of compliance.

How the system saves the manual work

Facts tied to their source

A violation in Barez is linked to its day, its attendance record and its attachments, so the minute is built from records.

A documented timeline

Detection, notification and approval carry timestamps, so statutory periods can be measured precisely.

Attachments in the employee file

The minute and its attachments live in the employee file rather than in an inbox.

Sources

This page is explanatory guidance, not legal advice. In a dispute, rely on the official text and consult the Ministry of Human Resources and Social Development or a licensed lawyer.

Frequently asked questions

When is an investigation minute required?

Before imposing any penalty exceeding a fine of one day's wage, under Article 64 of the Executive Regulations, and before termination under Article 80 of the Law in order to give the worker the opportunity to object.

Are witnesses required?

The text does not require witnesses for the minute to be valid, but recording a refusal to sign practically needs two witnesses so the proof does not rest on one side.

What if the employee refuses to attend?

Record the refusal in the minute with the method and date of the summons; the schedule of violations treats failure to attend before an investigation committee as a separate violation.

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