If an employee is employed by a company, they can be dismissed for simple misconduct, serious misconduct or gross misconduct. Each of these grounds for termination has its own procedure and specific consequences. Depending on the cause of the contract interruption, the compensations are not identical. Dismissal for serious misconduct also has its own peculiarities.
Definition of termination for serious misconduct and the reasons
dismissal for gross misconduct can be decided if an employee is accused of facts that no longer allow him to keep him at his job. However, serious misconduct results from a situation in which the employee does not intend harm. In this sense, it differs from gross negligence. This is a dismissal for personnel-disciplinary reasons.
The main reasons for termination for serious misconduct are:
- unjustified absence or giving up the position;
- rebelliousness and indiscipline;
- Non-observance of safety instructions (and endangering oneself or others);
- theft of equipment;
- Force ;
What is the termination procedure for serious misconduct?
Regardless of the significance of the misconduct, the procedure for disciplinary discharge is always the same. The latter is provided for in Articles L.1332-1 and following of the Labor Code. The employer has two months from the act committed by the employee to act.
The employer can force the employee to leave his job immediately, observing the termination procedure. This is known as a conservatory discharge. It cannot be contested by the employee before notification of his/her dismissal. The working hours are not paid until termination.
The employer must then summon the employee to a preliminary interview so that he/she is informed of his/her imminent dismissal for serious misconduct. The invitation must be sent by registered mail with acknowledgment of receipt or hand-delivered against dismissal at least five working days prior to the interview date.
After this interview, the employer must allow two working days to notify the employee of their decision to dismiss for serious misconduct by registered letter with acknowledgment of receipt. He therefore does not benefit from notification in connection with serious misconduct.
Does dismissal for serious misconduct entitle you to unemployment?
At the end of the contract, the employer must pay the employee the balance of any account. This corresponds to the month of work in progress, any bonuses and overtime, and compensation for paid leave earned but not taken. There is no provision for statutory severance pay in the event of termination for serious misconduct. On the other hand, this end of the contract allows you to take out unemployment insurance.
How do I appeal a serious misconduct termination?
The employee dismissed for serious misconduct can appeal this decision from the moment he receives his letter of resignation. He has 12 months to do this. There are then several grounds for appeal:
- failure to comply with the termination procedure;
- Reassessing the severity of the error;
- The nullity of the termination if it was given in violation of the law or a fundamental freedom. In this case, the appeal period is extended to five years.
To contest this decision, you should first ask your employer why. This is an essential basis for proving that the termination is abusive. With these elements in mind, the judge will analyze the situation. Subsequently, the employer cannot invoke any further fact.