Reasons for the personal dismissal of a private sector employee

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

The real and serious cause of the ground for dismissal is established if it meets all of the following criteria :

• Based on actual facts (e.g. absence of employee from company without valid justification)
• Accurate, concrete and verifiable (for example, the employee's absence from his company without justification for several days)
• Sufficiently important to justify the termination of the employment contract (e.g. disruption of the functioning of the company, subject to the replacement of the absent employee).

Dismissal for cause staff is a dismissal whose pattern is based on the person of the employee.

The personal motive is recognized in particular in the following cases:

• Fault employee
• Occupational insufficiency
• Disease (when the absence of the employee disrupts the functioning of the company)
• Unfit declared by the occupational physician
• Employee who harassed the company.

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Certain grounds for dismissal, such as discrimination or the principle of equalityare prohibited by law. If the employer dismisses the employee, the judge may order the invalidity of dismissal.

Cases of invalidity laid down by law include dismissals in one of the following situations :

• Due to a discrimination
• In violation of a fundamental freedom (freedom of expression, freedom of association, freedom of religion, right of withdrawal of the employee)
• In connection with the performance of the duties of juror or citizen assessor
• In case of refusal by the employee of a geographical transfer in a country criminalizing homosexuality because of his sexual orientation
• For having related or testified, in good faith, facts constituting a offense or a crime of which the employee would have been aware in the performance of his duties
• Against an employee whistleblower
• Due to a legal action in the matter of discrimination
• Due to a legal action in the field of gender equality
• Against victims or witnesses of harassment moral or sexual (except in bad faith of the employee)
• Without respecting the protection related to maternity or to the paternity
• Without respecting the protection linked to accident at work or occupational disease
• Without respecting the protection granted to certain employees (member of the CSE: titleContent for example)
• In disregard of the exercise of the right to strike
• Against an employee who has testified to ill-treatment or deprivation inflicted on a person hosted in social and medico-social institutions or services (or reported such acts)
• Without respecting the protection related to the death of a child under 25 years of age
• Without respecting the protection related to the death of an actual and permanent dependent under 25 years of age.

The reason for dismissal is mentioned in the dismissal procedure.

Where the employer laid off the employee, he's him notified dismissal by letter RAR: titleContent. The employer states in that letter that reason for dismissal.

In the 15 days which follow the notification upon termination of employment, 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 make his request by registered letter with : titleContent or delivery against receipt.

The employer has a period of 15 days after receiving the employee's request to provide clarification if he wishes. He must communicate these details to the employee by letter RAR: titleContent or delivery against receipt.

Yes, the employee can challenge the reason for the dismissal.

The starting point for the time limit for challenging the complaint differs depending on whether the employee has requested clarification of the reason for dismissal or not: