reason for dismissal
LexInter | December 19, 2003 | 0 Comments

REASON FOR DISMISSAL

It can be for personal reasons, or for economic reasons. The reason must not be linked to the personal life of the employee.

Under the terms of article L 122-14-3 of the former Labor Code, any dismissal pronounced outside the probationary period had to be based on a real and serious reason.

The Article L1232-1 of the new Labor Code provides that a dismissal for personal reasons must be justified by a c ause serious and genuine .

Similarly for economic redundancies Article L 1233-2 provides that a dismissal for economic reasons must be justified by a c ause serious and genuine

The possibility of dismissal is the corollary of the disciplinary power of the employer . Conversely, the latter can only dismiss for a real and serious cause. This must be based on objective criteria, to the exclusion of subjective criteria such as loss of confidence which can only occur if it is based on objective criteria.

Dismissal which is not based on serious misconduct gives rise to the right to dismissal indemnities which are doubled in the event of dismissal for economic reasons.

The misconduct is one that makes it impossible to maintain the employee in the company and warrants up to conservatory foot .

 The serious misconduct depriving the employee in lieu of notice and severance pay.

Gross negligence is an intention to harm and if recognized it deprives the person concerned of all compensation, including that relating to paid leave not taken during the reference period.

Reasons for dismissal and dismissal letter

The dismissal letter must state the reasons for the dismissal

Discriminatory grounds

The reason for dismissal cannot be a prohibited ground because it is discriminatory.  The Article L1132-1 , incorporating the provisions of paragraph 1 of Article L 122-45 of the former Labor Code, provides that[….] no employee may be sanctioned, dismissed […] or be the subject of a discriminatory measure, direct or indirect, in particular in terms of remuneration, within the meaning of article L. 3221- 3, incentive measures or share distribution, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract due to origin, gender , their morals, their sexual orientation, their age, their marital status or their pregnancy, their genetic characteristics, their belonging or not belonging, true or supposed, to an ethnic group, a nation or a race, its political opinions, of his trade union or mutualist activities, his religious convictions, his physical appearance, his surname or because of his state of health or his handicap.

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