Employees who commit theft are not subject to disciplinary dismissal

Recently, an employee from our company committed theft. The notable aspect is that the theft did not occur at the company but at the employee's temporary residence. I am wondering whether dismissal can be applied for such conduct.

Based on Article 125 of the Labor Code 2019, the regulations are as follows:

The form of disciplinary action dismissal is applied by the employer in the following cases:

  1. The employee commits acts of theft, embezzlement, gambling, intentional injury, or drug use at the workplace;

  2. The employee discloses business secrets, technological secrets, infringes on the employer's intellectual property rights, causes serious damage or threatens to cause particularly serious damage to the employer's property or interests, or engages in sexual harassment at the workplace as regulated in the labor regulations;

  3. The employee is subjected to disciplinary action of postponing wage increase or demotion and re-offends during the period not yet cleared of disciplinary action. Re-offense is the case where the employee repeats the act of violation that has been disciplined but has not been cleared according to the regulations in Article 126 of this Code;

  4. The employee arbitrarily leaves work for 5 cumulative days within a 30-day period or 20 cumulative days within a 365-day period from the first day of unauthorized absence without a legitimate reason.

Therefore, as a principle, if you want to dismiss an employee for theft as mentioned above, it is against the regulations, only when the employee commits theft at the workplace. Thus, if you want to dismiss, you need to have grounds as well as other reasons such as the remaining cases mentioned above.

Sincerely!

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