Dismissal for simple, serious or serious misconduct: what consequences for the employee?
Verified 21 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
An employee can be licensed for simple fault, gross misconduct or gross negligence to the termination of disciplinary proceedings. The consequences of dismissal on the rights of the employee are different depending on the pattern of dismissal retained by the employer. We take stock of the types of misconduct and the consequences for termination and notice payments.
Simple fault
Simple fault answers the 2 criteria following:
- Failure to comply with employee obligations with respect to the employer
- Insufficient severity to make it impossible for the employee to remain in the company.
However, the fault committed may, in certain cases, constitute a real and serious cause of dismissal.
Simple fault can be recognized, for example, in the event of an error or negligence committed by the employee in the course of his work.
The same act can be qualified as simple or serious misconduct. The classification of the fault may take into account criteria such as seniority, the employee's duties in the company, but also the background or repetitive nature of the fault.
In the event of dismissal, the employer must comply with the dismissal on personal grounds.
Yes, the employee receives a severance pay he/she meets the seniority requirements to benefit from it.
The employee must in principle carry out a advance notice. However, it may be dispensed with.
The compensation for the notice period differs according to the following situations:
- Notice given by the employee
- Exemption by employer from notice
- Employee's request for waiver of notice
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The employee makes his notice
The employee receives a notice fee corresponding to his usual salary.
The employee is exempted from notice by the employer
The employee does not work. The employer pays him a compensatory notice allowance equal to the salary he would have received had he worked during that period.
The employee asks the employer not to give notice
If the employer agrees, the employee does not work. He doesn't not perceive d'compensatory notice allowance.
Yes, the employee receives a compensatory leave with pay if he meets the conditions.
Yes, the employee who fulfills the conditions, including a minimum period of work, may benefit from the Return to Employment Assistance (RHE).
The employee who disagrees with his employer on the nature of the fault and on the dismissal may refer the matter to the labor court.
It is the judge who determines whether the employee has committed a fault and whether it is a simple fault.
The judge may also order the employer to pay penalties for wrongful dismissal or cancel the termination.
Serious misconduct
Serious misconduct responds to 2 criteria following:
- Failure to comply with employee obligations with respect to the employer
- Severity of the fault and impossibility of maintaining the employee in the company, even for the duration of the notice.
The seriousness of the fault is assessed in the light of the circumstances of each case.
Serious misconduct can be recognized even if the misconduct is committed for the 1re times.
In practice, gross negligence is often accepted in the following cases:
- Drunk state during working hours
- Unjustified absences
- Indiscipline or insubordination of the employee (refusal to perform a work task provided for in the contract)
- Harassmentviolence or insults against the employer or other employees
- Flights in the company.
The employer must respect the procedure for dismissal on personal grounds.
No, the employee does not receiveseverance pay.
No, the employee does not receive a notice fee. Serious misconduct deprives the employee of the rules concerning advance notice.
Yes, the employee receives a compensatory leave with pay if he meets the conditions.
Yes, the employee who fulfills the conditions, including a minimum period of work, may benefit from the Return to Employment Assistance (RHE).
The employee who disagrees with his employer on the nature of the fault and on the dismissal may refer the matter to the labor court.
It is the judge who determines whether the employee has committed a fault and whether it is a serious fault.
The judge may also order the employer to pay penalties for wrongful dismissal or cancel the termination.
Heavy misconduct
Heavy misconduct answers the 2 criteria following:
- Lack of a particular gravity, revealing an intention to harm the employer
- Situation which makes it impossible to keep the employee in the company, even during the period of notice.
In practice, gross negligence may be allowed in the following cases:
- Blocking access to the company for non-striking employees by striking employees
- Voluntary degradation of a company tool
- Physical abuse and death threat to employer
- Kidnapping of a company staff member
- Diversion of customers to a competitor
- Disclosure of secret or confidential information.
The employer must respect the procedure for dismissal on personal grounds.
FYI
If the fault caused prejudice to the employer, the employee may be ordered by the judge to make good the fault by paying the employer damages.
No, the employee does not receive severance pay.
No, the employee does not receive a notice fee. Gross negligence deprives the employee of the rules concerning the advance notice.
Yes, the employee receives a compensatory leave with pay if he meets the conditions.
Yes, the employee who fulfills the conditions, including a minimum period of work, may benefit from the Return to Employment Assistance (RHE).
The employee who disagrees with his employer on the nature of the fault and on the dismissal may refer the matter to the labor court.
It is the judge who determines whether the employee has committed a fault and whether it is a serious fault.
The judge may also order the employer to pay penalties for wrongful dismissal or cancel the termination.
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