Dismissal for simple, serious or serious misconduct: what consequences for the employee?
Verified 10 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
An employee may be fired for simple fault, gross or heavy fault to termination of disciplinary proceedings.
The consequences of dismissal on the rights of the employee different according to reason of dismissal retained by the employer.
Does the employee receive a termination indemnity ? Does the employee receive pôle emploi allowances ? Can the employee challenge dismissal ? We present you the different information to remember.
Simple Fault
The single fault meets the following 2 criteria:
- This is a action of employee contrary to his obligations with respect to the employer
- But severity is not sufficient to force immediate breach of contract of employment
However, the misconduct may constitute a real and serious cause of dismissal.
Simple misconduct may be recognised, for example, in the event of an error or negligence committed by the employee in the course of his or her work.
The employer must follow the dismissal for personal reasons.
Yes, the employee receives a termination indemnity if he fulfils the conditions for receiving it.
The employee is expected to give notice. He may be excused.
The compensation for this notice differs depending on:
- Employee actually executes notice
- The employer dispenses the employee from performing it
- Employee requests waiver
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Employee completes notice
An employee shall receive an advance notice allowance corresponding to his regular salary.
The employee is exempt from notice by the employer
The employee does not work. The employer pays him a notice compensation corresponding to the salary he would have received had he worked during that period.
Employee asks employer not to give notice
If the employer agrees, the employee does not work. He does not receive any compensation for notice.
Yes, the employee receives a Allowance for Leave with Pay if he fulfils the conditions for receiving it.
Yes, the employee receives a Return to Work Allowance (RTA) if he fulfils the conditions for receiving it.
An employee who disagrees with his or her employer on the nature of the fault and on the dismissal may to the council of the prud'homme.
It is the judge who determines whether the employee has committed a fault and whether it is a simple fault.
The judge may also order the employer to impose penalties for wrongful dismissal or cancel termination.
Serious misconduct
Serious misconduct meets the following 2 criteria:
- This is a agisemployee's position contrary to obligationswith respect to the employer
- Its importance is such that it makes it impossible for the employee to remain in the company, even for the duration of the notice
The seriousness of the offence is considered in the light of the circumstances of each case.
Serious misconduct may be recognised even if the fault is committed for the 1re times.
In practice, serious misconduct is often admitted in the following cases:
- Drunk state during working hours
- Unjustified Absences
- Indiscipline or insubordination of the employee (refusal to perform a work task provided for in the contract)
- Harassment, violence or insult to the employer or other employees
- Flights in the company
The employer must comply with the dismissal procedure for personal reasons.
No, the employee does not receivetermination indemnity.
Yes, the employee receives a Allowance for Leave with Pay if he fulfils the conditions for receiving it.
Yes, the employee receives a Return to Work Allowance (RTA) if he fulfils the conditions for receiving it.
An employee who disagrees with his or her employer on the nature of the fault and on the dismissal may to the council of the prud'homme.
It is the judge who determines whether the employee has committed a fault and whether it is a serious fault.
The judge may also order the employer to impose penalties for wrongful dismissal or cancel termination.
Heavy fault
Heavy misconduct meets the following 2 criteria:
- This is a mistake of particular gravity, revealing an intention to harm the employer
- This situation makes it impossible to keep the employee in the company, even during the period of notice
In practice, heavy misconduct may be permitted in the following cases:
- Blocking of access to the company for non-strikers by striking employees
- Voluntary Degradation of a company Tool
- Physical violence and the threat of death against the employer
- Sequestration of company staff
- Diversion of customers to a competitor
- Disclosure of secret or confidential information
The employer must comply with the dismissal procedure for personal reasons.
Warning
If the misconduct has caused injury to the employer, the employee may be ordered to make reparation by paying the employer damages.
No, the employee does not receivetermination indemnity.
Yes, the employee receives a Allowance for Leave with Pay if he fulfils the conditions for receiving it.
Yes, the employee receives a Return to Work Allowance (RTA) if he fulfils the conditions for receiving it.
An employee who disagrees with his or her employer on the nature of the fault and on the dismissal may to the council of the prud'homme.
It is the judge who determines whether the employee has committed a fault and whether it is a gross fault.
The judge may also order the employer to impose penalties for wrongful dismissal or cancel termination.
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