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Dismissal procedure for personal reasons

Verified 15 May 2020 - Directorate for Legal and Administrative Information (Prime Minister)

An employer who intends to dismiss an employee on personal grounds must comply with the procedure laid down for dismissal. The steps to follow are: summons the employee to a prior interview, conduct of the interview, sending a letter of dismissal, notice, obligations related to the breach of contract.

An employer who intends to dismiss an employee shall call him to a prior interview by letter RAR: titleContent or by hand delivered letter against discharge..

This letter contains the following information:

  • Subject of the interview between the employee and the employer
  • Date, time and place of maintenance (place of work or place of business)
  • Assistance of the employee during the interview:
    • by another employee belonging to the undertaking, possibly staff representative,
    • or by an outside adviser called employee advisor, in the absence of a staff representative in the undertaking. The letter then mentions the contact details of the town hall and the labor inspectorate where the employee can find the list of councilors.

    An employee who wishes to be assisted by an employee's advisor shall inform him of the date, time and place of the interview and inform the employer of his approach.

A minimum of 5 business days must be met between the submission of the letter of invitation and the date of the interview.

The day the letter of convocation is presented to the employee for the 1st time does not count. In addition, if the period expires on a Saturday, Sunday, public holiday or unemployed, it shall be extended until the next working day.

During the interview, the employer explains the reasons for the decision and gathers the explanations of the employee.

The employee is not required to attend the interview. His absence cannot be criticized or punished.

However, this absence does not prevent the dismissal procedure from continuing (except in the case of a non-compliant summons).

Delivery time

Dismissal must be notified to employee by letter RAR: titleContent at least 2 business days after the date of the prior interview.

There is no maximum legal time limit for sending the letter except in case of dismissal for disciplinary reasons (it is then fixed at 1 month maximum after the date of the prior interview). However, treaty provisions may provide for different periods.

Reason for dismissal

The letter is signed by the employer or his representative. It must state the grounds for dismissal and the rights and obligations of each party.

In 15 days following the information of the dismissal, the employee may ask the employer for details of the reasons set out in the letter.

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

The employer shall have a 15 days after receiving the employee's request to provide details if he wishes. He shall communicate these details to the employee by LRAR or discount against receipt.

In the absence of grounds for dismissal or if the grounds for dismissal do not justify the termination of the contract, the employee may enter the counsel of prud'homme. The dismissal is then judged without real and serious cause. The loss shall be compensated by the compensation awarded in accordance with the scale applicable in the event of dismissal unjustified..

Dismissal on personal grounds shall be irregular where procedure was not followed.. For example, when the employer forgot to recall the possibility of being assisted during the interview. In this case, the employee shall be entitled to an allowance which may not exceed 1 month pay.

The employee may also enter the prud'homme council to dismissal declared zero, for example in the event of non-compliance with maternity or paternity protection.

The contract shall not be interrupted as soon as notification dismissal. Employee must execute a notice, unless he is in one of the following situations:

  • Failure to execute (e.g. loss of driver's license)

At the end of the notice period, the employment contract shall end. At the end of the contract, the employee shall receive, in addition to his last salary, and if he is entitled to it, the following sums:

The employer must provide the employee with the following documents: