Serious or serious misconduct committed by the employee during a notice period: what are the consequences?
Verified 03 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
During a notice period (for example, of resignation or dismissal), the employer retains its disciplinary authority. He can therefore react to a fault committed by the employee on notice or committed front and discovery during this notice.
The employer who considers that the fault committed is serious or heavy has the possibility of to impose a penalty against the employee andinterrupt the notice before it expires.
The employer must comply with the disciplinary proceedings.
Please note
Interruption of notice does not constitute a dismissal.
The consequences of interruption of notice vary depending on the employee gives notice or not.
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The employee gives notice
The interruption of the notice prevents the employee from receiving the salary for the remaining notice period.
Despite the seriousness of the fault, the employee must receive his salary for the part of the notice already given.
If the employee qualifies for the contract (e.g. seniority, nature of the breach of contract), legal compensation (or agreed, if more favorable) to dismissal and the paid leave allowance he's still due.
The employee is exempted from giving notice
Where the employer waives notice, the employee must be paid as if he had worked.
In this case, the entire the compensation for notice the employee shall remain liable if the employer discovers serious or serious misconduct during the period of notice front the beginning of this one.
If the employee qualifies for the contract (e.g. seniority, nature of the breach of contract), legal compensation (or agreed, if more favorable) to dismissal and the paid leave allowance he's still due.
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Telephone administrative information - Allo Public Service
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Notice and compensation for notice