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Simple, serious or heavy fault: what are the differences for the dismissed employee?

Verified 25 November 2019 - Directorate for Legal and Administrative Information (Prime Minister)

An employee may be dismissed for simple misconduct, gross misconduct or gross negligence at the end of disciplinary proceedings. The consequences of dismissal vary depending on the qualification chosen by the employer. In the event of a dispute, it is for the judge to determine whether the employee has committed a fault and whether it is a simple, serious or heavy fault.

Terms

The fault committed by the employee does not necessarily justify the classification of serious misconduct.

However, it can be a real and serious cause for dismissal.

Simple misconduct may be recognized, for example, in the event of an error or negligence committed by the employee in the course of his work.

The dismissed employee shall perform his notice, except where the employer has dispensed.

FYI  

a judge can reclassify a dismissal for gross (or gross) misconduct to a dismissal for gross misconduct.

Effect on contract termination benefits

An employee who has been dismissed for simple misconduct shall be entitled to receive, if he fulfills the conditions enabling him to benefit from it, the following allowances:

Terms

Serious misconduct is so serious that the employer cannot keep the employee in the company, even temporarily.

The offense(s) must be directly attributable to the employee. Serious misconduct causes the employee to leave immediately.

The seriousness of the offense is assessed according to the circumstances of each case. Serious misconduct may be recognized even if the misconduct is committed for the first time.

In practice, serious misconduct is often admitted in the following cases:

  • Unjustified absences or abandonment of post
  • Indiscipline or insubordination of the employee (refusal to perform a work task provided for in the contract)
  • Harassmentviolence or insults against the employer or other employees
  • Corporate flights
  • Drunk state during working hours

Effect on contract termination benefits

The severance pay and the notice compensation are not paid to the employee. He shall receive the compensatory leave with pay allowance, if he completes the conditions..

Terms

Heavy misconduct is a fault of a particular gravity, revealing an intention to harm the employee against the company and the employer. Heavy misconduct justifies the immediate termination of the employment contract.

It is up to the employer to prove that he intends to harm. In the absence of evidence, gross negligence cannot be admitted.

In practice, gross negligence may be admitted in the following cases:

  • Deliberate downgrading of an enterprise tool
  • Physical violence and death threats against the employer
  • Sequestration of a member of the company's staff
  • Diversion of customers to a competitor
  • Disclosure of secret or confidential information
  • Blocking of access to the enterprise to employees who are not strikers by employees who are strikers

Effect on contract termination benefits

The severance pay and the notice compensation are not paid to the employee. He shall receive the compensatory leave with pay allowance, if he completes the conditions..

Warning  

if the fault has caused injury to the employer, the employee may be ordered to make reparation by paying to the employer damages..