Can an employee in prison be dismissed because of his detention?
Verified 23 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, a prison worker can be fired.
He must inform the employer of his absence. If he does not inform him, the absence is not justified. In this case, the employer may dismiss him for misconduct.
Absence due to detention may in some cases justify dismissal. The facts giving rise to the detention may also constitute grounds for dismissal. Detention is not a case of force majeure of breach of contract.
Yes, the employee must inform his employer of his absence.
If he does not do so, the absence is unjustified.
Unjustified absence may be grounds for dismissal for fault if the following 3 conditions are met:
- Absence of information from the employer by the employee during the period between his detention in police custody and his detention
- Unable to prove that the employee was unable to notify his employer of his detention
- Company disorganization due to lack of information
If the employee is dismissed for serious misconduct, he does not receive severance pay. Example: a worker who informed his employer 7 months after his detention began, his absence having disrupted the functioning of the company.
Warning
the employer must give notice to the employee to justify his absence before dismissing him.
Yes, an employee who informs his employer of his detention can be dismissed under conditions.
The reason for dismissal varies if the acts which gave rise to his detention were committed outside working time and have no connection with his work or during working time.
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Acts committed outside the workplace
An employee who informs his employer of his detention may not be dismissed for misconduct if the facts fall within his private life.
The sole reason for his detention cannot justify dismissal.
However, the employer may dismiss the detained employee if his absence disrupts or disrupts the functioning of the company or makes urgent replacement necessary.
In this case, the employee receives severance pay, if he fulfills the conditions for entitlement.
Facts committed during work
The employer may invoke the misconduct committed during the performance of the employment contract to dismiss the employee for fault.
No, detention is not force majeure breach of contract.
The employer must comply with the dismissal for personal reasons.
He must send the notice for prior maintenance to the employee's home and to the prison, if the employer has been informed of his detention.
The detained employee does not benefit from the compensation for notice, since he cannot give the notice because of his detention.
Please note
during detention or incarceration, the employment contract is suspended. The employee is not paid.
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