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Illegal dismissal: should unemployment benefits be reimbursed?

Verified 25 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)

In certain situations, the employer or employee may be required to repay unemployment benefits.

Reimbursement by the employee

Unlawfully dismissed employees shall not be required to repay unemployment benefits received unless the following conditions are met: all combined:

  • He is protected employee
  • The dismissal shall be declared void because of the absence of authorization from the labor inspectorate
  • The employee is reinstated in the company
  • The employer is ordered to pay him a compensatory wage compensation between his dismissal and his reinstatement.

Employer reimbursement

The judge and the Employment Unit may request reimbursement by the employer of the sums paid to the employee, where they result from a dismissal made unlawful on one of the following grounds:

  • Violation of a fundamental freedom (freedom of expression, freedom of association, freedom of religion, right of withdrawal of employee)
  • Breaches of maternity or paternity protection
  • Termination discriminatory or in connection with acts of harassment moral or sexual
  • Dismissal following legal action on gender equality
  • Dismissal following legal action in relation to the denunciation of crimes and offense
  • Dismissal in connection with the normal exercise of the right to strike
  • Dismissal without respecting the protection granted to certain employees
  • Termination of employment in connection with the performance of the duties of a juror or a citizen assessor
  • Dismissal for refusing a geographic transfer to a state that criminalizes homosexuality on the basis of its sexual orientation