--- title: "When a Labour Infringement May Constitute a Crime: Critical Decisions for Employers" id: "31703" type: "post" slug: "when-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers" published_at: "2026-04-17T17:42:18+00:00" modified_at: "2026-04-17T17:44:48+00:00" url: "https://www.caiadoguerreiro.com/en/when-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers/" markdown_url: "https://www.caiadoguerreiro.com/en/when-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers.md" excerpt: "Act immediately or wait? In situations with potential criminal relevance, the way in which the employer coordinates disciplinary proceedings with criminal proceedings may decisively influence the outcome. An employee with administrative functions is responsible for processing payments and inconsistencies arise..." taxonomy_category: - "Sem categoria" taxonomy_areas: - "Labour" --- The Agenda Laboral is a series by Caiado Guerreiro, featuring lawyers Carolina Rodrigues Pinheiro, Norberto Ferreira and trainee lawyer Ana Venâncio, where key issues and questions in this area of law are addressed. This week, the lawyers explain how employers should act when a labour infringement may also constitute a criminal offence, including the articulation between disciplinary proceedings and criminal proceedings. [Articles](https://www.caiadoguerreiro.com/en/artigos/) 17/04/2026 *Act immediately or wait? In situations with potential criminal relevance, the way in which the employer coordinates disciplinary proceedings with criminal proceedings may decisively influence the outcome.* *An employee with administrative functions is responsible for processing payments and inconsistencies arise in certain financial transactions.* *In another case, an employee, in the process of leaving the company, sends internal company information—accessed in the course of their duties—to their personal email.* *In scenarios such as these, the employer faces an immediate decision: to initiate disciplinary proceedings, to file a criminal complaint, or both?* *Where there are indications of conduct with potential legal relevance, the employer faces an immediate challenge: to act internally or to await intervention by the authorities? The answer requires careful management of two distinct, yet often interconnected, tracks.* *Disciplinary proceedings and criminal proceedings are autonomous, but the way in which they are coordinated may have a direct impact on the effectiveness of the response.* ## **Disciplinary Proceedings vs. Criminal Proceedings: Legal Framework and Autonomy** The legal system allows the same facts to be assessed under different frameworks—labour and criminal—with distinct purposes. Disciplinary proceedings aim to ascertain breaches of employment duties and to assess whether the relationship of trust can be maintained. Criminal proceedings, on the other hand, concern potential criminal liability and are subject to their own rules, particularly regarding evidence and procedural safeguards. Accordingly, the existence—or absence—of criminal proceedings does not, in itself, prevent the initiation of disciplinary proceedings. ## **Act or Wait: Employer Strategy in Situations of Potential Criminal Conduct** Where there are indications of irregularity, the employer must carefully consider the timing of its response. The immediate initiation of disciplinary proceedings allows for a prompt response, but may raise evidentiary challenges. Conversely, excessive delay may weaken the employer’s position, whether due to the dissipation of relevant evidence or the impact on internal organisation. The decision must be taken in light of the specific circumstances and the information available. ## **Evidence in Labour and Criminal Contexts: Legal Limits and Risks for the Employer** One of the most sensitive aspects of this interplay concerns evidence. Evidence collected internally does not always correspond to evidence admissible in criminal proceedings, and its use must comply with applicable legal limits, particularly in matters of data protection and the use of IT systems. The collection and preservation of evidence from the outset are therefore of particular importance. ## **Legal Risks in Employer Action in Situations with Potential Criminal Relevance** Acting in such contexts involves risks that must be carefully managed, namely: - decisions taken without a sufficient factual basis; - use of evidence in breach of legal requirements; - lack of coordination between different courses of action; - the impact of subsequent developments on the initial assessment of the facts. An uncoordinated approach may compromise the effectiveness of the response. ## **Integrated Management of Disciplinary and Criminal Proceedings: Best Practices for Companies** Rather than choosing between acting or waiting, it is essential to define a strategy that ensures consistent coordination between the different tracks. This requires ensuring proper evidence collection, safeguarding the organisation’s interests and complying with applicable legal requirements. ## **Disciplinary and Criminal Proceedings: The Importance of a Legal Strategy from the Outset** The coexistence of disciplinary and criminal proceedings is a common reality in business practice. In situations of potential irregularity, defining a strategy from the outset—one that properly articulates the different tracks—is key to protecting the employer’s interests. **For more information or specialized assistance, [click here to schedule a meeting with one of our professionals.](https://www.caiadoguerreiro.com/en/meeting-scheduling/)** The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law. ## Authors - [Carolina Rodrigues Pinheiro](https://www.caiadoguerreiro.com/en/advogados/carolina-rodrigues-pinheiro/) Associate Lawyer - [Norberto Custódio Ferreira](https://www.caiadoguerreiro.com/en/advogados/norberto-custodio-ferreira/) Associate Lawyer - Ana Venâncio ## Practice Areas - [Corporate, Labour and Insurance](https://www.caiadoguerreiro.com/en/area/corporate-and-labour/) ## Share [https://www.addtoany.com/add_to/facebook?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro](https://www.addtoany.com/add_to/facebook?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro) [https://www.addtoany.com/add_to/linkedin?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro](https://www.addtoany.com/add_to/linkedin?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro) [https://www.addtoany.com/add_to/twitter?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro](https://www.addtoany.com/add_to/twitter?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro) [https://www.addtoany.com/add_to/whatsapp?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro](https://www.addtoany.com/add_to/whatsapp?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro) [https://www.addtoany.com/add_to/email?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro](https://www.addtoany.com/add_to/email?linkurl=https%3A%2F%2Fwww.caiadoguerreiro.com%2Fen%2Fwhen-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers%2F&linkname=When%20a%20Labour%20Infringement%20May%20Constitute%20a%20Crime%3A%20Critical%20Decisions%20for%20Employers%20%7C%20Caiado%20Guerreiro)