What is a dismissal for personal reasons?

Verified 25 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Where the employer dismisses an employee in DTA: titleContent, he must be able to justify the reason which led him to dismiss the employee. When the pattern is tied to the employee, the reason for the dismissal shall be stated persrational.

We're doing an update on the regulations.

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

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)

Please note

In the absence of a real and serious cause, the ground for dismissal may be described as unfair dismissal by the judge.

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

Video - Do you have to have 3 warnings before being fired?

Vidéo - Do you have to have 3 warnings before being fired?

* How are you, Emma?

-*Not too much... I got a warning at work

My boss told me that the next time I'm late, I'll be fired

-*Have you ever had other warnings?

-*No this is my 1st

-*Don't worry, you need 3 to be fired

Do you have to have 3 warnings before being fired?

Careful! You do not need to have received one or more warnings before being fired. Rules and regulations The employer will have to take into account the scale of sanctions provided for in the This is an obligation in the companies of more than 50 employees. Rules and regulations This may require one or more warnings before being fired, but it is not systematic. It is then the employer who assesses the seriousness of the fault and, in some cases, only one could be enough to give rise to your dismissal, theft or violence for example. If you wish to challenge it, the labor council is competent.

Key Points Reminder

  • You do not have to have 1 or more warnings before being fired
  • Rules and regulations The employer must take into account the scale of punishment provided for in the
  • In some cases, a single fault may suffice
  • In order to challenge a dismissal, the labor board must be consulted

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 related to 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 registered letter with AR: 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.

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