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Do I have the right to dismiss for gross misconduct without prior dismissal?

Discipline: Serious misconduct

Serious misconduct is so important that the employee cannot stay in the company even for the duration of his notice.

The severity of the error is estimated on a case-by-case basis.

Depending on the circumstances or individuals, the same misconduct can be considered a simple mistake or a serious mistake.

If you are considering dismissing an employee for serious misconduct, you need to act quickly. Since verification is not required, judges should intervene within a specified period of time after you are aware of the alleged facts.

Discipline: Is dismissal mandatory if dismissed for gross misconduct?

Temporary dismissal, disciplinary action makes it possible to immediately terminate the pending employment contract. As a reminder, conservatory dismissal is not as permissible as regulatory dismissal.

Conservatory layoff is a temporary measure that allows the employee to be fired and deal with risky or disruptive situations.

Yes, Even if you do not temporarily dismiss an offending employee, you can still dismiss an employee for serious misconduct.

According to the Cassation Court, even if the serious offense fails to maintain the employee, the employer does not have to carry out precautionary dismissal before initiating disciplinary action. Thus, if the employee’s conduct has the potential to impede the continuation of the employment contract, it is reasonable to dismiss for gross misconduct.

To learn more about serious misconduct and interim suspension, Tissot Editions recommends the document ” Tissot Community Enterprise ACTIV You can download for free from this graduation model with Conservatory redundancy.

Core de Cassation, Social Chamber, February 9, 2022, n ° 20-17.140 (employer does not have to carry out security dismissal before initiating disciplinary action)

Isabella Veenusat

Lawyer in Social Law and author of Tissot editions