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Can an employee in prison be dismissed because of his detention?

Verified 23 September 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The employee may be dismissed because of his imprisonment. Conditions of dismissal vary depending on whether the acts committed occurred outside working time or during working time.

Acts outside work

The employee informed the employer of his detention

If the employee has informed the employer of his detention or imprisonment, he may not be dismissed for unjustified absence.

However, the employer may dismiss an employee who is detained or incarcerated if he is able to prove that the absence of the employee:

  • disrupts or disrupts the operation of the business
  • or makes urgent replacement necessary

In this case, the employee shall severance pay, if he fulfills the conditions for entitlement.

The employer must comply with the dismissal procedure for real and serious reasons.

A call for an interview prior to dismissal is sent to the employee's home and place of detention.

The employer must specify in the letter of invitation that the employee has the possibility to be represented by a staff representative during the interview which he will not be able to attend.

The detained employee does not benefit from notice compensation, since he cannot do it because of his incarceration.

Please note

during detention or incarceration, the employment contract is suspended.. The employee is not paid.

The employee did not inform the employer of his detention

Pretrial detention and imprisonment cannot be grounds for dismissal.

On the other hand, unjustified absence may constitute grounds for disciplinary action up to dismissal for misconduct if the following 3 conditions are met:

  • The employee did not take care to notify the employer during the period between his detention in police custody and his incarceration.
  • The employee cannot prove that he was unable to warn his employer of his incarceration.
  • This lack of information has disrupted the operation of the company.

In this case, the employee shall severance pay, if he fulfills the conditions for entitlement.

The employer must comply with the dismissal procedure for real and serious reasons.

A call for an interview prior to dismissal is sent to the employee's home and place of detention.

The employer must specify in the letter of invitation that the employee has the possibility to be represented by a staff representative during the interview which he will not be able to attend.

The detained employee does not benefit from notice compensation, since he cannot do it because of his incarceration.

Please note

during detention or incarceration, the employment contract is suspended.. The employee is not paid.

Facts committed during work

Termination for misconduct (serious or heavy) of the employee detained or imprisoned is possible if the facts alleged against the employee justify it (theft, fraud, assault, etc.).

The employer must comply with the dismissal procedure for real and serious reasons.

A call for an interview prior to dismissal is sent to the employee's home and place of detention.

The employer must specify in the letter of invitation that the employee has the possibility to be represented by a staff representative during the interview which he will not be able to attend.

The detained employee does not benefit from notice compensation, since he cannot do it because of his incarceration.

Please note

during detention or incarceration, the employment contract is suspended.. The employee is not paid.