The dismissal for fault does not have the same stakes and consequences according to the degree of seriousness of the fault committed. How are hierarchical mistakes made by an employee in the course of his work?
How is the procedure for dismissal for misconduct and what are the consequences?
Dismissal for fault: characteristics
There are three types of dismissals for misconduct, depending on the severity of the actions committed by the employee:
- Dismissal for simple foul: This is the first degree of fault. It constitutes a legitimate ground for dismissal, but does not mean that the employee must immediately leave his position: for example, the employee has made an error or has been negligent.
- Dismissal for serious misconduct: The seriousness of the fault committed by the employee implies an immediate departure from the company. Examples of common misconduct include: robbery, drunkenness at work, job abandonment, harassment, etc.
- Dismissal for gross negligence: Gross negligence is characterized by a clear will of the employee to harm his employer. We can mention: degradations, violence, etc. Here too, the departure of the company is immediate.
What is the procedure in case of dismissal for misconduct?
Before commencing the dismissal proceedings as such, the employer will hold disciplinary proceedings, the purpose of which is to qualify the degree of fault committed by the employee.
During this procedure, all the circumstances surrounding the act of the employee will have to be studied: seniority, unpublished character or not of this type of behavior, context of the facts, etc.
If at the end of the disciplinary procedure, the fault is described as serious or heavy, the employer may immediately terminate the employee’s employment contract: this is known as a temporary layoff. During this period, the employee no longer goes to work, and he is not paid.
Note: In the case of gross negligence, it is up to the employer to provide the evidence that will support his remarks.
Once this step is over, the dismissal procedure is launched:
- It begins with the invitation to a preliminary dismissal interview: This letter must be sent at least 5 working days before the date of the dismissal interview.
- Then comes the dismissal interview itself: During this interview, the employer indicates the reason(s) for dismissal and gives the employee a chance to explain.
- Sending the dismissal notice: After a reflection period of 2 working days minimum, the employer sends (or not) a letter to his employee notifying him of his dismissal.
- The employer must finally give his employee all the documents at the end of the contract: Education certificate, work certificate, balance of any account.
Note: In the case of a dismissal for misconduct, the employer has a period of 2 months to begin the procedure of dismissal, from the moment he took note of the facts.
What consequences does a dismissal for fault have for the employee?
The consequences of dismissal for misconduct depend on the degree of gravity of the misconduct in question:
- Simple fault: Except in exceptional cases, the employee carries out his notice period before leaving. The severance pay is maintained.
- Serious fault: The severance pay is not paid, but the employee is still entitled to his compensation for paid leave. As the departure of the company is immediate, the employee is not entitled to his compensatory notice allowance.
- Heavy Fault: Here too, the severance pay is canceled and the employee does not carry out a notice period, and therefore does not receive notice pay. The employer can even ask for damages.
Note: Are you feel that your dismissal is not based on a real and serious cause? You may be facing an unfair dismissal: you can seize the industrial tribunal. You have 12 months to enter the industry from the receipt of the notification letter of your dismissal.