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?

Our synthesis: Reason for the dismissal

 
The legislation being complex, our Lawyers carried out for you a synthesis entitled “Reason for the dismissal” which answers the whole of the interrogations enumerated below:
  • What is what a real cause is serious?
  • Can the work contract provide for the reasons which will lead to a dismissal?
  • What does it occur if several causes of dismissal coexist?
  • How the judges appreciate do the real cause and serious?
  • On which party does rest the burden of proof?
  • How to distinguish the dismissal for reason and not-disciplinary grounds?
  • Which guarantees are applicable in the event of disciplinary proceedings?
  • What is what a fault?
  • How to distinguish serious fault, serious error and heavy fault?
  • What is what the insufficiency (or incompetence) professional?
  • Can the personnel shortage justify a dismissal?
  • What is what the insufficiency of results?
  • Can the insufficiency of results justify a dismissal?
  • Can the employer lay off an employee in sick leave?
  • What is what one period of guarantee of employment?
  • What is what the dismissal for inaptitude?
  • In which cases the dismissal is it abusive?
  • Can the employee be laid off for facts drawn from his personal life?
  • What is what an illicit or null dismissal?
  • In which cases the dismissal is it null?
  • Which are the sanctions in the event of abusive layoff?
Written and forwarded in a clear way, this synthesis is addressed to you, paid or employer, who seek to seriously inform you on the rules as regards Licenciement personal reason and more particularly on “Reason of the dismissal”


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