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Grounds for personal dismissal

Verified 07 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The employer who wishes to break the DTA: titleContent of an employee must show cause for termination. This ground must be based on a real and serious cause. Some grounds are prohibited by law. The employee may contest his dismissal by bringing the matter before the labor board.

Dismissal for personal reasons is a dismissal for which the reason is based on the employee's behavior or actions.

That is to say:

  • or for disciplinary reasons (in the case of fault employee, for example),
  • or for non-disciplinary reasons (e.g. in case of insufficient results).

The employer must comply with the dismissal procedure.

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The real and serious cause of the reason for dismissal is established if it meets the following 3 criteria:

  • It is based on actual facts (e.g. absence of the employee from his company without valid justification)
  • She's accurate and verifiable (e.g. absence of the employee from his company without justification from 12 to 25 April)
  • She's sufficiently large to justify the termination of the contract of employment (e.g. disturbance of the functioning of the company)

If the employee considers that his dismissal has no real and serious cause, he can contest it by contacting the prud'homme council.

Certain grounds for dismissal are prohibited by law. If the employer dismisses the employee, the judge may order the nullity of dismissal.

Cases of nullity provided for by law include dismissals in one of the following situations:

  • Due to a discrimination
  • In violation of a fundamental freedom (freedom of expression, freedom of association, religious freedom, right of withdrawal of the employee)
  • In connection with the performance of the duties of juror or citizen assessor
  • Refusal of a geographical transfer to a State criminalizing homosexuality on grounds of sexual orientation
  • For having recounted or testified, in good faith, facts constituting a offense or a crime of which he would have had knowledge in the course of his duties
  • Against an employee whistleblower
  • Because of a legal action in relation to discrimination
  • Because of a legal action on gender equality
  • Against victims or witnesses of harassment moral or sexual (except in bad faith of the employee)
  • Without respecting maternity or paternity protection
  • Accident at work Without respecting the protection related to the
  • Without respecting the protection granted to certain employees (member of the ESC: titleContent for example)
  • Infringement of the right to strike
  • Against an employee who has testified (or reported) to ill-treatment or deprivation of a person accommodated in social and medico-social institutions or services
  • Without respecting the protection related to the death of the child under 25
  • Without respecting the protection of the death of an actual and permanent dependent under the age of 25

In the 15 days following the notification of the dismissal, the grounds set out in the letter may be specified at the employer's initiative or at the employee's request.

The employee must make his request by registered letter with notice of receipt (LRAR) or delivery against receipt.

The employer shall have a period of 15 days upon receipt of the employee's request for clarification, if desired. He communicates these details to the employee by LRAR or delivery against receipt.

An employee who wishes to contest the reason for his dismissal may lodge an appeal with the prud'homme council. The judge may order the employer to pay penalties for wrongful dismissal or to cancel the dismissal.

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