WRITTEN EXPLANATIONS under чл. 193, ал. 1 of the Labour Code
Dear Sir or Madam,
In connection with the demand referred to above, and within the period given to me, I give the following written explanations under чл. 193, ал. 1 of the Labour Code. I request that these explanations be accepted, entered in the register with an incoming number, and placed in the file of the disciplinary proceedings.
I. ON THE ALLEGATION
The demand requires me to explain the following:
I dispute the above in its entirety. I did not commit the act for which explanations are demanded, and I do not accept the characterisation given to it in the demand. I do not admit any culpable failure to perform my duties.
I admit part of the facts stated, but I dispute that they amount to a breach of labour discipline. Which facts I admit and which I dispute is set out in section II below.
I do not dispute the facts as described. I do dispute that they amount to a culpable failure to perform my duties. The circumstances in which those facts arose are set out in sections II and III below.
II. THE FACTS
The above is known to the following persons:
III. CIRCUMSTANCES UNDER ЧЛ. 189, АЛ. 1 КТ
Under чл. 189, ал. 1 of the Labour Code, in determining a disciplinary sanction the gravity of the breach, the circumstances in which it was committed and the conduct of the worker are taken into account. Should you nevertheless find that a breach was committed, I request that those circumstances be weighed on the basis of what is set out above and of my employment record.
I also draw attention to чл. 194, ал. 1 of the Labour Code: a disciplinary sanction is imposed no later than two months from the discovery of the breach and no later than one year from its commission.
IV. CONNECTION WITH A COMPLAINT I FILED
I draw attention to the chronology set out above. The Protection Against Discrimination Act defines victimisation as less favourable treatment of a person because they have taken, or are presumed to have taken or to be about to take, action to defend against discrimination (§ 1, т. 3 of the Supplementary Provisions), and under чл. 5 of the Act victimisation counts as discrimination. I request that this be taken into account in deciding whether a disciplinary sanction is to be imposed on me.
REQUESTS
In the light of the above, I ask you:
- 1. to accept these written explanations and enter them in the register with an incoming number, returning to me a copy that bears that number and date;
- 2. to collect and assess the evidence indicated in these explanations, and to hear the persons named above, before any decision is taken in the file (чл. 193, ал. 1 КТ);
- 3. to take into account the gravity of the alleged breach, the circumstances in which it is said to have been committed, and my conduct as a worker (чл. 189, ал. 1 КТ);
- 4. should a disciplinary sanction nevertheless be imposed on me, to serve the order on me against signature, with the date of service noted, and to provide me with a copy of it (чл. 195, ал. 2 КТ).
ATTACHMENTS
Yours faithfully,
Date: [ date ]
Signature: ______________________
[ given name, patronymic, surname ]