|
When an employee concluded a work contract, it agrees to put himself under the authority of his employer. The serious error results from a fact or a whole of ascribable facts with paid and which constitutes a violation of the obligations rising from the work contract.
What does the misconduct involve?
Misconduct of the employee is that whose importance is such as it makes impossible its maintenance within the company because its presence creates a disorder or a danger. The accused employee will have to leave the company immediately. It is with the employer to bring back the proof of the gravity of the fault.
One can regard as serious error: the refusal to obey, insults and violence, absences or delays frequent, the activity dissimulated in professional matter during a stop disease, to ignore a refusal of authorization of absence, the alcohol consumption on the work place, the disclosure of confidential information, to be made refund false travelling expenses, racist remarks, the diversion of customers or material, personal work during the work hours…
What are the consequences for the employee?
The consequence first is that the employee profits neither from the period of notice, neither of compensation allowance, nor of the dismissal indemnity. Only the sum corresponding to its paid vacations will be regulated to him in addition to its wages.
Is necessary serious allows, also, with the employer to pronounce a setting with conservatory foot, the time of the procedure of dismissal. However, the dismissal for serious error does not imply obligatorily the catch of conservative measures. The setting with conservatory foot is not a sanction; it is a simple measurement of waiting of imposed sanction (in theory the dismissal). The employee is exempted to carry out his work while waiting for that it is ruled on following giving to the noted faults. The setting with conservatory foot deprives the employee of his remuneration throughout setting to foot.
A well established jurisprudence considers that, since the employer lets his employee give a notice, he cannot call upon a serious error, incompatible in itself with any notice. It will not be able, then, to be prevailed of the existence of a serious error to deprive it of its legal allowance of dismissal.
And for unemployment allowances ?
The dismissal for serious error is without incidence on the payment of the allowance unemployment. All the discharged employees, whatever the reason for the dismissal, profit from the insurance unemployment. The amount and the duration of the compensation are independent of the reason and depend only on the duration on affiliation and the age on the employee. The employer must deliver with paid the obligatory documents of end of contract.
As of now, Share your experiments and respond through the Forum
|
