What is a dismissal for personal reasons?

Where the employer dismisses an employee, the ground for dismissal must be justified by a real cause is serious.

The real and serious cause of the ground for dismissal shall be established if it complies with all the following criteria :

• It is based on actual facts (e.g. absence of the employee from his company without valid justification)
• She's accurate, concrete and verifiable (e.g. absence of the employee from his company without justification from 12 to 25 April)
• She's sufficiently large to justify the termination of the contract of employment (e.g. disturbance of the functioning of the company)

Dismissal on grounds staff is a dismissal whose pattern is based on the employee's person.

The personal motive shall be recognized, in particular, in the following cases:

• Fault of the employee
• Occupational failure
• Sickness (when the absence of the employee disrupts the functioning of the company)
• Incompetence declared by the occupational doctor
• Harassing employee in the company

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Certain grounds for dismissal are prohibited by law. If the employer dismisses the employee, the judge may order the nullity of dismissal.

Cases of nullity provided for by law are, in particular, dismissals made in any of the following :

• Due to a discrimination
• In violation of a fundamental freedom (freedom of expression, freedom of association, religious freedom, right of withdrawal of the employee)
• In connection with the performance of the duties of juror or citizen assessor
• If the employee refuses a geographical transfer to a country where homosexuality is criminalized on the grounds of sexual orientation
• For having recounted or testified, in good faith, facts constituting a offense or a crime of which the employee would have been aware in the course of his duties
• Against an employee whistleblower
• Because of a legal action in relation to discrimination
• Because of a legal action on gender equality
• Against victims or witnesses of harassment moral or sexual (except in bad faith of the employee)
• Without respecting maternity or paternity protection
• Accident at work Without respecting the protection related to the
• Without respecting the protection granted to certain employees (member of the ESC: titleContent for example)
• Infringement of the right to strike
• Against an employee who has testified (or reported) to ill-treatment or deprivation of a person accommodated in social and medico-social institutions or services

• Without respecting the protection related to the death of the child under 25

• Without respecting the protection of the death of an actual and permanent dependent under the age of 25

The grounds for dismissal shall be mentioned at the dismissal procedure.

When the employer dismisses the employee, he notify dismissal by letter RAR: titleContent. In this letter, the employer states the reason for the dismissal.

In the 15 days that follow the notification of dismissal, the reason stated in the letter may be specified at the initiative of the employer or at the request of the employee.

The employee must apply by letter RAR: titleContent or delivery against receipt.

The employer has a time limit of 15 days upon receipt of the employee's request for clarification, if desired. He communicates these details to the employee by LRAR or delivery against receipt.

An employee who wishes to contest the reason for his dismissal may lodge an appeal with the prud'homme council.

The judge may order the employer to pay penalties for wrongful dismissal or to cancel the dismissal.