Scenario: in March you discover that a cashier skimmed cash last October. In June you learn a technician leaked drawings in January. Can you still discipline them? The statute of limitations for labor discipline (Article 122, Labor Code 2019) sets hard clocks — and they differ by violation type.
The clocks (Article 122)
6 months from the date of the violation is the general limit. 12 months applies where the violation directly relates to finance, assets, or disclosure of the employer’s technological or business secrets. The cashier’s skimming (finance) gets 12 months; an ordinary attendance violation gets 6. The clock runs from the violation date, not the discovery date — discovering old misconduct does not restart it.
Periods when discipline is barred — and the 60-day extension
Discipline may not be imposed while the employee is: on sick/maternity leave; on approved leave; in temporary detention or custody; awaiting investigation conclusions; or a pregnant/nursing protected employee (Article 137). If such a protected period consumes the limitation period (it expires, or less than 60 days remain, when the protection ends), the limitation is extended by up to 60 days — a narrow safety valve, not a reset.
Practical consequences
1) Date-stamp everything: investigation reports must establish the violation date — “sometime last year” loses cases. 2) Classify early: decide within days whether the matter is finance/asset/secret-related (12 months) or general (6 months). 3) Don’t wait out protection: calendar the 60-day extension the moment a protected period begins. 4) Expired = barred: disciplining after expiry is void and can itself ground an unlawful-discipline claim — including where the dismissal that follows is challenged.
FAQs
1. Violation discovered 8 months later, general type — discipline?
No — the 6-month clock ran from the violation date. Discovery date is irrelevant.
2. Ongoing embezzlement over a year — when does the clock start?
For continuing violations, each act has its own clock; the latest acts within the period are actionable. Document the timeline act by act.
3. Employee on maternity leave, violation found — wait?
You must wait — discipline during the protected period is barred. Calendar the extension: up to 60 days after protection ends if the clock would otherwise expire.
4. Does the limit apply to compensation claims too?
The Article 122 limit governs disciplinary action. Material-damage compensation (Articles 129–130) follows its own rules — but practically, pursue both tracks promptly.
5. We disciplined on day 181 — valid?
No. One day past the 6-month limit voids the decision. Count calendar days from the violation date, carefully.
This article has been quality-reviewed by the FLAW AI Legal Council
