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 licensee for simple fault, gross negligence or gross negligence to the end of disciplinary proceedings.
The consequences of dismissal on the rights of the employee are different according to pattern of dismissal retained by the employer.
Does the employee receive a severance pay ? Does the employee receive pôle emploi compensation ? Can the employee challenge his dismissal ? We present you the different information to remember.
Simple fault
The simple fault meets the following 2 criteria:
- This is a action of the employee contrary to his obligations in respect of the employer
- But his gravity is not sufficient to require the immediate termination of the contract of employment
However, misconduct may constitute a real and serious cause of dismissal.
Simple fault may be recognized, for example, in the event of an error or negligence committed by the employee in the course of his work.
The employer must follow the procedure for dismissal on personal grounds.
Yes, the employee receives a severance pay if he fulfills the conditions to benefit from it.
In principle, the employee must give notice. It may be dispensed with.
Compensation for this notice differs depending on whether:
- The employee actually executes the notice
- The employer shall exempt the employee from performing the procedure
- The employee requests to be exempted
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The employee gives notice
The employee shall be paid an advance payment corresponding to his normal salary.
The employee is exempted from notice by the employer
The employee is not working. The employer pays her a compensatory period of notice corresponding to the salary he would have received if he had worked during that period.
The employee asks the employer not to give notice
If the employer agrees, the employee does not work. He does not receive compensation for notice.
Yes, the employee receives a Compensatory leave with pay if he fulfills the conditions to benefit from it.
Yes, the employee receives a return-to-work assistance (RWA) if he fulfills the conditions to benefit from it.
An employee who disagrees with his employer on the nature of the fault and on the dismissal may to refer the matter to the labor council.
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 pay penalties for wrongful dismissal or to cancel the dismissal.
Serious misconduct
Serious misconduct meets the following 2 criteria:
- This is a agrayemployee's pay contrary to its obligations in respect of 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 fault shall be considered in the light of the circumstances of each case.
Serious misconduct may be recognized even if the misconduct is committed for 1re times.
In practice, serious misconduct is often allowed in the following cases:
- Drunkenness 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 for personal reasons.
No, the employee does not receive any benefitsseverance pay.
Yes, the employee receives a Compensatory leave with pay if he fulfills the conditions to benefit from it.
Yes, the employee receives a return-to-work assistance (RWA) if he fulfills the conditions to benefit from it.
An employee who disagrees with his employer on the nature of the fault and on the dismissal may to refer the matter to the labor council.
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 pay penalties for wrongful dismissal or to cancel the dismissal.
Heavy fault
The gross negligence meets the following 2 criteria:
- This is a particularly serious fault, revealing intent to harm the employer
- This situation makes it impossible for the employee to remain in the companyeven during the period of notice
In practice, gross negligence may be accepted in the following cases:
- Blocking access to the company for non-striking employees by striking employees
- Voluntary degradation of a company tool
- Physical violence and threat of death against the employer
- Sequestration of a company staff member
- Diversion of customers to a competitor
- Disclosure of secret or confidential information
The employer must comply with the dismissal for personal reasons.
Warning
If the misconduct has caused injury to the employer, the employee may be ordered to make good the damage by paying the employer damages.
No, the employee does not receive any benefitsseverance pay.
Yes, the employee receives a Compensatory leave with pay if he fulfills the conditions to benefit from it.
Yes, the employee receives a return-to-work assistance (RWA) if he fulfills the conditions to benefit from it.
An employee who disagrees with his employer on the nature of the fault and on the dismissal may to refer the matter to the labor council.
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 pay penalties for wrongful dismissal or to cancel the dismissal.
Who can help me?
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For information on labor law (e.g. amount of severance pay)
Telephone administrative information - Allo Public Service
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Entitlement to compensation for notice
Right to severance pay
Right to compensatory leave with pay