{"id":31703,"date":"2026-04-17T18:42:18","date_gmt":"2026-04-17T17:42:18","guid":{"rendered":"https:\/\/www.caiadoguerreiro.com\/?p=31703"},"modified":"2026-04-17T18:44:48","modified_gmt":"2026-04-17T17:44:48","slug":"when-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers","status":"publish","type":"post","link":"https:\/\/www.caiadoguerreiro.com\/en\/when-a-labour-infringement-may-constitute-a-crime-critical-decisions-for-employers\/","title":{"rendered":"When a Labour Infringement May Constitute a Crime: Critical Decisions for Employers"},"content":{"rendered":"

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.<\/em><\/p>\n

An employee with administrative functions is responsible for processing payments and inconsistencies arise in certain financial transactions.<\/em><\/p>\n

In another case, an employee, in the process of leaving the company, sends internal company information\u2014accessed in the course of their duties\u2014to their personal email.<\/em><\/p>\n

In scenarios such as these, the employer faces an immediate decision: to initiate disciplinary proceedings, to file a criminal complaint, or both?<\/em><\/p>\n

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.<\/em><\/p>\n

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.<\/em><\/p>\n

Disciplinary Proceedings vs. Criminal Proceedings: Legal Framework and Autonomy<\/strong><\/span><\/h2>\n

The legal system allows the same facts to be assessed under different frameworks\u2014labour and criminal\u2014with distinct purposes.<\/p>\n

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.<\/p>\n

Accordingly, the existence\u2014or absence\u2014of criminal proceedings does not, in itself, prevent the initiation of disciplinary proceedings.<\/p>\n

Act or Wait: Employer Strategy in Situations of Potential Criminal Conduct<\/strong><\/span><\/h2>\n

Where there are indications of irregularity, the employer must carefully consider the timing of its response.<\/p>\n

The immediate initiation of disciplinary proceedings allows for a prompt response, but may raise evidentiary challenges. Conversely, excessive delay may weaken the employer\u2019s position, whether due to the dissipation of relevant evidence or the impact on internal organisation.<\/p>\n

The decision must be taken in light of the specific circumstances and the information available.<\/p>\n

Evidence in Labour and Criminal Contexts: Legal Limits and Risks for the Employer<\/strong><\/span><\/h2>\n

One of the most sensitive aspects of this interplay concerns evidence.<\/p>\n

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.<\/p>\n

The collection and preservation of evidence from the outset are therefore of particular importance.<\/p>\n

Legal Risks in Employer Action in Situations with Potential Criminal Relevance<\/strong><\/span><\/h2>\n

Acting in such contexts involves risks that must be carefully managed, namely:<\/p>\n