Can an employee in prison be dismissed because of his detention?
Verified 19 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An employee may be imprisoned while under contract with his employer. The employee must then inform his employer of his absence. If he does not inform his employer of this absence, the employer may dismiss him. We are taking stock of the regulations.
Yes, the employee must inform his employer of his absence.
If he does not do so, the absence is unjustified.
Unjustified absence may be grounds for dismissal for fault if the following 3 conditions are met:
- Absence of information from the employer by the employee during the period between his detention in police custody and his detention
- Unable to prove that the employee was unable to notify his employer of his detention
- Company disorganization due to lack of information
If the employee is dismissed for serious misconduct, he does not receive severance pay. Example: a worker who informed his employer 7 months after his detention began, his absence having disrupted the functioning of the company.
Warning
The employer must put the employee formal notice to justify his absence before dismissing him.
Yes, an employee who informs his employer of his detention may be dismissed under conditions.
The reason for dismissal varies if the acts which led to his detention were committed in outside working time and have no connection with professional activity or during working time.
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Acts committed outside the workplace
The employee who informs his employer of his detention may not be dismissed for misconduct if the facts fall within his private life.
The sole reason for his detention cannot justify dismissal.
However, the employer may dismiss the detained employee if his absence disrupts or disrupts the functioning of the company or makes urgent replacement necessary.
In this case, the employee receives severance pay, if he fulfills the conditions for entitlement.
Facts committed during work
The employer may invoke the misconduct committed during the performance of the employment contract to dismiss the employee for fault.
Please note
If the employee is in CSD: titleContent, the employer may to break the CDD before its end in some cases.
No, detention is not a force majeure breach of contract.
To fire an employee in DTA: titleContent, the employer must comply with the dismissal for personal reasons.
He must send the notice of meeting for prior maintenance the employee's home and the prison, if the employer has been informed of his detention.
The detained employee does not benefit from the compensation for notice, since he cannot give the notice because of his detention.
Please note
During detention or imprisonment, the employment contract shall be suspended. The employee is not paid.
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