Serious or gross misconduct committed during a notice period: what are the consequences?
Verified 06 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
One gross negligence or heavy may be committed by the employee on notice (e.g. resignation or dismissal).
But this fault may also have been committed before and discovered by the employer during the notice period.
The fact that the employee has committed serious or serious misconduct enables the employer to to impose a penalty against the employee andinterrupt the notice before it expires.
In this situation, the employer then follows the disciplinary procedure he summon the employee to an interview by registered letter or by hand.
This letter shall be sent within Maximum 2 months from the day on which the employer became aware of the fault.
The letter specifies the purpose, date, time and location of the interview.
The letter informs the employee that he may be assisted during the interview by a person of his choice, belonging to the staff of the company.
During the interview, the employer informs the employee the reasons for which it intends to impose a penalty and collects its explanations.
The penalty chosen by the employer shall be imposed as soon as possible 2 working days after the interview, and at the latest 1 month after.
The penalty shall be the subject of a written and reasoned decision. It is addressed to the employee by registered letter or hand-delivered.
The consequences of interruption of notice for the employee vary depending on the situation :
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employee gives notice
The employee is exempted from giving notice
All of the compensation for notice the employee shall remain liable if the employer discovers serious or serious misconduct during the period of notice front the beginning of this one.
Who can help me?
Find who can answer your questions in your region