Judicial termination of an employee's employment contract
Verified 20 December 2023 - Legal and Administrative Information Directorate (Prime Minister)
Where the employee considers that his employer is not fulfilling his contractual obligations, he may request the judicial termination of his employment contract.
What is judicial termination of the employment contract? In what situations can the employee apply for judicial termination? What is the procedure for requesting the judicial termination of the employment contract?
We are taking stock of the regulations.
Judicial termination of the employment contract is a means of termination of the employment contract at the initiative of the employee.
Where the employee considers that the employer is not fulfilling his or her contractual obligations, he or she may ask the labor council (CPH) breach of his employment contract.
The CPH verifies the breaches reported by the employee.
The CPH can either validate the termination of the employment contract or not accept it.
During the entire legal proceedings, the employee works normally.
Please note
Unlike acknowledgement of the termination of the contract of employment, judicial termination does not terminate immediately the employment relationship.
Judicial termination may be requested by the employee in DTA: titleContent .
The employee in CSD: titleContent may apply for judicial termination only in the event of serious misconduct on the part of the employer (e.g. in case of non-payment of salary for 2 months).
Please note
An apprentice may not apply for judicial termination of his contract.
Judicial termination may be requested in the event of serious deficiencies the employer, in particular in the following cases:
- Failure to perform the agreed work (e.g. the employer no longer gives the employee work and does not pay him)
- Removal of a professional vehicle making the employee unable to work
- Degrading remarks that violate the dignity of the employee
In order to request the judicial termination of the employment contract, the employee must to refer the matter to the labor council.
If the judicial termination is ordered by the labor council, the employment contract shall be broken from the date of the judgment.
The employer must pay the employee the following allowances:
- Severance pay
- Compensation for paid leave and notice
- Allowance for wrongful or null dismissal
If the labor council rejects the application for judicial termination, the employment contract is not broken. It continues under the usual conditions.
Yes, the employee receives a return-to-work allowance (RWA)) if he fulfills the conditions to benefit from it.
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Termination of the apprenticeship contract
breakdown of the CDD
Termination of the contract at the initiative of the employer or employee