Can an employee who does not want to directly participate in handling labor discipline authorize another person, such as a lawyer?

Legal ground:

• Labor Code 2019.

We have received the following question:

Hello TLT Legal, I work in the company’s human resources department. Recently, our company handled labor discipline for a security guard who slept during working hours, but this employee was not present and authorized another person, the authorization was notarized. Is it okay if the company does not accept it?

Pursuant to Point c, Clause 1, Article 122 of the Labor Code 2019 as follows:

Article 122. Principles, order and procedures for handling labor discipline

1. Handling labor discipline is regulated as follows:

1. The employer must prove the employee’s fault;
2. There must be the participation of the grassroots organization representing employees of which the employee being disciplined is a member;
3. The employee must be present and has the right to defend himself or herself, to have a lawyer or an organization representing employees defend him or her; in the case of a employee under 15 years of age, the participation of a legal representative is required;
4. Handling labor discipline must be recorded in minutes.

According to the above provisions, being present at the meeting to handle labor discipline is the obligation of the employee who has committed a violation.

Therefore, it should be noted that attendance is mandatory, so employees are not allowed to authorize others to attend disciplinary meetings.