Dismissal personal reason

The file Licenciement personal reason is composed of several syntheses:

Reason for the dismissal

The dismissal on personal grounds is pronounced for a reason inherent in the person of the employee. It is thus about a fact which is reproached to him personally. The breach of agreement will be justified only if it rests on a real cause and serious.

  • How is this concept of real cause defined and serious?

The reason for the dismissal can be disciplinary or not.
  • Which are the various reasons for dismissal?

When the real cause and serious is not recognized, the dismissal will be regarded as unjustified or null.
  • Which are the sanctions incurred by the employer?

Reason for the dismissal
 

Proceexpertbase.netre of dismissal

The law obliges the employer who intends to lay off an employee to observe a specific proceexpertbase.netre. It necessarily begin with a preliminary conversation.

  • In which form the employee can it be convened with this conversation?
  • How is it held?

Once it made the definite decision to break the work contract, the employer must notify the dismissal.
  • How is made this notification?
  • Which must-being contents of the letter of dismissal?

The reception of the letter of notification of the dismissal will mark the beginning of the notice of the employee.
  • Which is the expertbase.netration of this notice?
  • Does it have obligatorily to be carried out?

It is at the conclusion of this notice that the employee will receive his allowances of rupture if necessary. It is of , and the compensation allowance of paid vacation.
  • Which are the amounts of these allowances?

The employer who does not observe the proceexpertbase.netre of dismissal exposes to sanctions.
  • Which are they?

Proceexpertbase.netre of dismissal
 

Dismissal on disciplinary grounds

The dismissal on disciplinary grounds obeys special rules. It rests on a fault made by the employee.

  • How is the fault defined?
  • How to distinguish the various types of faults?
  • Which are the consequences of each one of these faults?

The proceexpertbase.netre of dismissal on disciplinary grounds is framed by very strict times.
  • Which time does have the employer to sanction the faulty employee?
  • How is held the proceexpertbase.netre of dismissal?

The notification of the rupture marks the beginning of the notice.
  • When this notice is expertbase.nete?
  • Which will be its expertbase.netration?

Except in the event of serious error or from heavy fault, the employee will receive allowances of rupture. It is of and the compensation allowance of paid vacation.
  • Which is the rising one of each one of these allowances?

Disciplinary dismissal
 

Dismissal of the protected employees

The employees staff representatives profit from a protection against the dismissal. When the employer considers the breach of contract of work of a protected employee, it must observe a specific proceexpertbase.netre: it must request the authorization beforehand to lay off of the factory inspector.

  • Who are the profit employees of this protection?
  • Which proceexpertbase.netre has to follow the employer to lay off a protected employee?
  • Is it possible to dispute the decision of the factory inspector?

Dismissal paid protected
 

Obligatory documents (attestation of employment, certificate, balance of any account)

Following his dismissal on personal grounds, the employee must receive various documents, obligatory taking into consideration Labor regulation. These documents are the attestation of employment and the certificate.

  • Which is the contents of the attestation of employment? certificate?
  • At which moment do have they to be given to the discharged employee?
  • What does it occur if the employer refuses the delivery of these documents?

The employer must also give to paid receipt for balance of any account.
  • Which is the value of this receipt?
  • Is it possible to dispute the naps being reproexpertbase.netced on a receipt for balance of any account?

The employees under limited time contract will have to also receive an indiviexpertbase.netal form of access to the formation.
  • Which are the mentions which the indiviexpertbase.netal form of access to the formation must contain?

Obligatory documents
 


dismissal
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