Companies are subject to very strict rules when they intend to fire one of their employees.

Apart from procedures related to economic difficulties, the classic route is that of dismissal for personal reasons.

However, if the incapacity or the professional insufficiency can lead an employer to separate from an employee, it is generally rather on the disciplinary side that one must seek the fault.

Depending on the alleged breaches, it can be simple, serious or heavy.

And in the event of dismissal, the financial consequences can be severe.

Simple fault, little prejudicial

Repeated errors and other negligence on the part of the employee can in some cases constitute a real and serious cause of dismissal.

It can be in particular unjustified absences, inappropriate behavior but also abuse of freedom of expression, when an employee for example accuses his boss of incompetence and dishonesty in virulent terms.

Likewise, abandonment of a position without valid reason for more than a month may justify the company initiating a dismissal procedure for simple misconduct.

In these cases, the employee does not have to worry about his rights, since the law guarantees him all the usual legal indemnities for dismissal, notice and paid vacation.

Serious misconduct weighs on compensation

On the other hand, dismissal for serious misconduct is much more penalizing. To be legal, this procedure can only intervene when the employee has committed one or more facts constituting a violation of the obligations of his employment contract or of his professional relations. In practice, case law admits, in particular, serious misconduct in cases of drunkenness in the office, unjustified absences or abandonment of a position seriously disrupting the functioning of the company, insubordination, harassment or violence committed against the company. employer or colleagues or even theft in the company.

As soon as the dismissal is justified, it deprives the dismissed employee of his severance pay and notice compensation since he must leave without delay.

He therefore only keeps his paid leave allowance corresponding to the number of days acquired that he did not take.

Gross fault, no more penalizing

Penalizing acts of particular gravity, dismissal for gross negligence is limited to a few specific cases. Moreover, it is up to the employer to prove that the employee acted with the intention of harming him, which not only justifies his dismissal but also possible criminal proceedings. In practice, this procedure is generally limited to cases of unfair competition or when a strike degenerates and leads to degradation of the company's tools, violence, or even sequestration of management. To guarantee this constitutional right, the law also authorizes the dismissal of a striker only when he has committed serious misconduct.

In the past, the financial consequences of such a procedure were particularly damaging since all legal indemnities were removed: dismissal, notice and paid leave.

Nevertheless, the Constitutional Council considered in 2016 that withdrawing the compensation due for leave already acquired was contrary to the principle of equality.

Just like the employee dismissed for serious misconduct, the one fired for gross negligence therefore retains this single indemnity.

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What about unemployment rights?

Contrary to popular belief, dismissal for misconduct does not lead to the elimination of unemployment rights, even if it is serious or gross misconduct.

In accordance with unemployment insurance regulations, any employee is in fact entitled to compensation from the Pôle emploi when it is an involuntary loss of employment and subject to having worked for the required duration.

On the other hand, it is possible that you will experience a delay in your allowances over time.

The termination indemnity (due for non-disciplinary reasons and in the event of simple misconduct) may generate additional waiting when it is greater than the amount provided for by law.

This deferral can reach a maximum of 150 calendar days, or around 5 months for the largest breakage envelopes.

  • Economy

  • Labor Code

  • Dismissal

  • Unemployment