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Investigation minute template:the step before any penalty

No penalty above a fine of one day's wage may be imposed until the employee has been notified in writing, heard, and had their defence examined, with a minute filed in their personal file. This template is that minute.

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Every clause cites its article

If a penalty is challenged, the minute is the employer's evidence. Article 64 of the Regulations makes it a condition for any penalty above a fine of one day's wage.

A similar requirement applies under Article 80 of the Law when termination is being considered. Its opening sentence requires the employer to give the employee a chance to state their reasons for objecting. The minute proves that chance was given.

Write the minute before the decision. A minute written afterwards only records a decision already taken, while one written before shows how the decision was reached.

The statutory basis

Article 64 of the Regulations

No penalty above a fine of one day's wage without prior written notice of the violation, hearing the employee, and examining their defence, recorded in a minute filed in their personal file.

Article 80 of the Law

Termination without gratuity, notice or compensation is limited to nine cases, and the employee must be given the chance to state their objection.

Article 66 of the Regulations

No disciplinary action for a violation discovered more than thirty days earlier unless an investigation step was taken. Starting the investigation with a minute within that period preserves the right to act.

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

01Start within thirty days of the employer learning of the violation. If that time passes with no step taken, Article 66 bars disciplinary action.
02Notify the employee in writing of the alleged violation before the hearing, not during it.
03Record questions and answers word for word. A summarised minute loses its value as evidence.
04Examine every point the employee raises and record the result. The Regulations require you to examine the defence as well as hear it.
05Keep the recommendation separate from the decision. The investigator recommends a penalty, and the competent authority imposes it.
06Record any refusal to sign before two witnesses.
07File the original, give the employee a copy, then issue the penalty notice if the violation is established.

Common mistakes

A hearing with no prior written notice

The Regulations set the order: written notice first, then the hearing, then examination of the defence.

Summarising the employee's words

The minute is valuable because it records the employee's own words. A summary lets them argue later that the words were not theirs.

Writing the minute after the decision

Article 64 puts the minute before the penalty. Writing it later does not fix the defect.

Omitting the date of awareness

The thirty-day period in Article 66 runs from that date. Without it, the employer cannot show the deadline was met.

How Barez saves you filling it in by hand

Facts tied to their source

A violation in Barez is linked to its day, its attendance record and its attachments, so the minute draws on existing records.

A documented timeline

Detection, notification and approval are timestamped, so statutory deadlines can be measured exactly.

Attachments in the employee file

The minute and its attachments are kept in the employee file, not in someone's 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.

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Frequently asked questions

When is an investigation minute required?

Before any penalty above a fine of one day's wage, under Article 64 of the Executive Regulations. It also helps before termination under Article 80 of the Law, because it proves the employee was given the chance to object.

Are witnesses required?

The Regulations do not require witnesses for the minute to be valid. But if the employee refuses to sign, you need two witnesses to record the refusal, so the proof does not rest on one side alone.

What if the employee refuses to attend?

Record the refusal in the minute, with how and when the employee was summoned. The schedule of violations treats failing to appear before an investigation committee as a separate violation.

Templates and forms