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Judicial termination of an employee's employment contract

Verified 04 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

An employee who criticizes his employer for serious breaches concerning the application of his contract of employment may ask the labor council (CPH) to terminate his contract. In the event of termination, the termination is considered to be a dismissal with no real and serious cause (or no cause if the employee was a staff representative). If judicial termination is not granted, the employee continues to work under the usual conditions.

Judicial termination of the contract of employment allows the contract of employment to be terminated at the initiative of the employee.

If the employer is in serious breach of his contractual obligations, the employee may lodge a complaint with the labor council (CPH).

The serious breach of contractual obligations is held by the court in certain cases, in particular:

  • Discrediting an employee, personally affecting him and damaging his image, his function and his authority
  • Removal of a professional vehicle making the employee unable to work
  • Degrading remarks made against an employee and affecting his dignity
  • Discrimination

Please note

the employer is not entitled to seek a judicial termination. However, the employer may do so in the context of a apprenticeship contract if the apprentice has committed a gross negligence during the first 45 days of the contract.

The request for judicial termination may be requested by

  • an employee in DTA: titleContent
  • or an employee in CSD: titleContent, but only in the event of serious misconduct by the employer or force majeure.

In order to request the judicial termination of the employment contract, the employee must to refer the matter to the labor council.

Throughout the legal proceedings, the employee continues to work under the usual conditions.

However, the contract may be terminated (resignation, dismissal, conventional break, acknowledgement) during the prud'homale procedure.

Termination shall apply according to the situation of the employee, unprotected employee or protected employee.

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Judicial Termination

General case

Termination of the employment contract shall take effect on one of the following dates:

  • At the date of judgment
  • Or, if the employee was dismissed during the proceedings, on the date on which the contract of employment was terminated

The employer must pay the employee the following allowances:

The employer must also give the employee the termination documents to which he is entitled.

Protected employee

Termination of the employment contract shall take effect:

  • At the date of judgment
  • Or, if the employee was dismissed during the proceedings, on the date on which the contract of employment was terminated

It produces the effects of a dismissal without pay in the case of an employee sheltered.

The employer must pay the employee the following allowances:

The employer must also give the employee the termination documents to which he is entitled.

Judicial termination rejected

The contract of employment shall continue normally. No compensation is due to the employee.

If the employer has dismissed the employee in the course of the proceedings, the judge shall rule on the validity of the dismissal after rejecting the employee's request for termination.

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  • Telephone administrative information - Allo Public Service

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