Disciplinary sanctions of a private sector employee

Verified 28 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

An employee who does not comply with the rules laid down by the employer in the company is guilty of misconduct. The employer, within the framework of its power of management, may then decide to sanction the employee. What sanctions can be imposed by the employer? Does he have to follow a particular procedure? Can the employee challenge the penalty? We're doing an update on the regulations.

The fault is the behavior of the employee who does not respect his obligations towards his employer.

There is no list of facts that the employer may consider to be at fault and which may result in a penalty.

A disciplinary sanction is an action taken by the employer as a result of a act of the employee considered by the employer to be at fault.

This measure may, depending on its nature, call into question immediately or otherwise the presence of the employee in the company, his function, his career or his remuneration.

Please note

Verbal observations are not disciplinary sanctions.

If the employer considers that a fault has been committed, it may impose a penalty on the employee.

The actions of the employee subject to the disciplinary authority of the employer are, for example:

  • Non-compliance with the rules of discipline laid down by the rules and regulations or by memo. Rules and regulations For example, when the employee has consumed alcohol despite a prohibition provided for by the French law on alcohol consumption and justified by the prevention of accidents during the performance of hazardous work.
  • Refusal to comply with an employer’s directive. For example, when the employee refuses to work the overtime scheduled by the employer.
  • Non-compliance with the obligation of discretion or loyalty. For example, when the employee denigrates his company on social networks by spreading false information or internal information that could harm the reputation or functioning of the company.
  • Criticism, insults, threats, violence
  • Errors or negligence in the workplace. For example, when the employee has not voluntarily complied with a procedure put in place to ensure the quality of the work performed.
  • Any act of bullying (sexual or moral) by an employee

The employer may give the employee one of the following sanctions:

The penalty chosen by the employer must be proportionate to the fault committed.

Depending on the sanction chosen, the effects on the employment contract are different.

Warning  

In companies where a rules and regulations existing, the penalties applicable are only those provided for in this Regulation.

No, The employer is prohibited from imposing a fine or any other financial penalty on the employee who has committed a fault.

No, the employer may not penalize the employee twice in a row for the same acts.

Example :

The employer sanctions an employee with a warning for an unjustified delay of 2 hours. The employer can no longer for the same delay, impose a more severe penalty if it subsequently considers thatre insufficient penalty.

FYI  

If a new fault is committed, the employer may take into account a previous sanction less than 3 years old to support the new sanction.

The employer has a period of 2 months to initiate disciplinary proceedings.

That period shall begin on the date on which the employer was aware of the facts reproached.

Example :

The employer became aware on January 7 of a mistake committed three weeks earlier. He can file disciplinary proceedings until midnight on March 7.

When the deadline ends on a Saturday, Sunday or public holiday, or unemployed person, the time limit shall be extended to 1er working day next.

The employer may take into account identical facts more than 2 months to justify the penalty, where the employee's misconduct has continued.

Warning  

There are situations that extend the 2-month period, for example the initiation of criminal proceedings.

Yes, the employer has the opportunity to notify dismissal from employment from 1re failure to act if it considers the penalty to be proportionate to the facts in question.

When a rules and regulations exists in the company, the employer must respect the nature and scale of the penalties provided for by the latter.

Video - Do you have to have 3 warnings before being fired?

Vidéo - Do you have to have 3 warnings before being fired?

* How are you, Emma?

-*Not too much... I got a warning at work

My boss told me that the next time I'm late, I'll be fired

-*Have you ever had other warnings?

-*No this is my 1st

-*Don't worry, you need 3 to be fired

Do you have to have 3 warnings before being fired?

Careful! You do not need to have received one or more warnings before being fired. Rules and regulations The employer will have to take into account the scale of sanctions provided for in the This is an obligation in the companies of more than 50 employees. Rules and regulations This may require one or more warnings before being fired, but it is not systematic. It is then the employer who assesses the seriousness of the fault and, in some cases, only one could be enough to give rise to your dismissal, theft or violence for example. If you wish to challenge it, the labor council is competent.

Key Points Reminder

  • You do not have to have 1 or more warnings before being fired
  • Rules and regulations The employer must take into account the scale of punishment provided for in the
  • In some cases, a single fault may suffice
  • In order to challenge a dismissal, the labor board must be consulted

The employer may not penalize an employee on the following grounds:

  • Discriminatory ground
  • Exercise of a fundamental freedom (freedom of expression, freedom of association, use by the employee of the right to take legal action against the employer ...)
  • Testimony of acts of psychological or sexual harassment
  • Testimony of facts constituting a offense or a crime
  • Exercise of the right of withdrawal for serious and imminent danger
  • Alerting in the company
  • Performance of the duties of juror or citizen assessor
  • Refusal of an employee, on the grounds of his sexual orientation, to transfer to a country where homosexuality is a criminal offense
  • Normal exercise of right to strike

Yes, the employer has to follow a particular procedure. It varies depending on whether the employer is considering a minor sanction (warning, reprimand for example) or a heavy sanction (disciplinary dismissal, demotion, dismissal for example).

FYI  

The employer must verify whether statutory provisions or treaty provisions do not lay down specific rules (setting up of a disciplinary commission, for example, obligation to organize an interview regardless of the penalty envisaged ...).

Minor penalty

For minor penalties (e.g. warning, reprimand without entry in the employee's file), the employer is not obliged to summon the employee to a prior interview.

The employer's decision is written and argued. It shall specify the penalty chosen and the criticisms which justify that penalty.

The employee is notified of the penalty by hand delivery against discharge or by registered letter with acknowledgement of receipt (LRAR).

Warning  

If the employer decides to organize an interview, he shall summon the employee by registered letter or hand-delivered.

In this case, the letter should indicate the purpose, date, time and location of the interview. The letter must also specify that the employee may be assisted by a person of his choice belonging to the company's staff.

During the interview, the employer indicates the reasons for the penalty envisaged and collects the explanations of the employee.

Heavy penalty
Summons of the employee to a pre-interview

For severe penalties (e.g. dismissal, demotion, disciplinary dismissal), the employer must summon the employee for a pre-interview. The summons is made by registered letter with acknowledgement of receipt (LRAR) or by hand delivered letter.

This letter must be sent within Maximum 2 months from the day on which the employer became aware of the facts which he considers to be at fault.

The letter should specify the purpose, date, time and location of the interview. The employer is not obliged to indicate the facts alleged.

The letter states that the employee may be assisted by a person of his choice, belonging to the company.

If the penalty envisaged is dismissal, the letter should specify the possibility for the employee to be assisted during this interview.

The employee's assistance varies depending on whether the company has staff representatives or not.

FYI  

The law does not impose no deadline to meet between the receipt of the invitation to interview and the holding of that interview.

A reasonable period must be allowed by the employer to give the employee sufficient notice.

If the penalty envisaged is a dismissal, the employer must comply with the procedure specific to dismissal on personal grounds.

In this case, the time limit to be respected between the summons and the interview is 5 working days.

Conduct of the interview

During the interview, the employer indicates the reasons for the penalty envisaged and collects the explanations of the employee. The employee is not obliged to attend the interview. If the employee does not show up, the employer may still continue the procedure.

The employer's decision on the penalty will not be known at the end of the interview. The law requires the employer to observe a cooling-off period before notify his decision.

Notification of the penalty to the employee

The penalty decided by the employer cannot be notified in the 2working days after the interview.

The penalty must be notified at the latest 1 month after maintenance.

The penalty shall be the subject of a written and reasoned decision addressed to the employee by registered letter or hand-delivered.

Example :

If the interview takes place on Monday, the employer must wait until Thursday to mail the letter of notification of the penalty.

If the interview takes place on Thursday, the employer must wait until Tuesday of the following week to mail the letter of notification of the penalty. If the deadline ends on a Saturday, Sunday or public holiday, or unemployed person, it shall be extended to 1er working day next.

If the employee feels that he is being unjustly or too heavily penalized, he can refer the matter to the Labor Council (CPH) to challenge the sanction.

If the employer has not complied with the procedure laid down, it is also possible to refer the matter to the labor board.

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