What is a dismissal for personal reasons?

Verified 14 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Where the employer dismisses an employee in DTADTA : Contract of employment of indefinite duration, he must be able to justify the reason which led him to dismiss the employee. When the pattern is person-related of the employee, the reason for the dismissal shall be stated staff. We're doing an update on the regulations.

Where the employer dismisses an employee, the ground for dismissal must be justified by a real and serious cause.

The real and serious cause of the ground for dismissal shall be established if it respects all of the following criteria :

  • It is based on actual facts (e.g. absence of the employee from his company without valid justification).
  • She's accurate, concrete and verifiable (e.g. absence of employee from company without justification for several days).
  • She's sufficiently large to justify the termination of the contract of employment (disruption of the functioning of the company, subject to the replacement of the absent employee, for example).

Please note

In the absence of a real and serious cause, the ground for dismissal may be described as unfair dismissal by the prud'homme council.

Dismissal on grounds staff is a dismissal whose pattern is based on the employee's person.

The personal motive shall be recognized, in particular, in the following cases:

  • Fault of the employee
  • Occupational failure
  • Disease (where the absence of the employee disrupts the functioning of the company)
  • Incompetence declared by the occupational doctor
  • Harassing employee in the company.

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

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

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* 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

Certain grounds for dismissal, such as discrimination or the principle of equality, are prohibited by law. If the employer dismisses the employee, the judge may order the nullity of dismissal.

Cases of nullity provided for by law are, in particular, dismissals made in any of the following :

  • Due to a discrimination
  • In violation of a fundamental freedom (freedom of expression, freedom of association, religious freedom, right of withdrawal of the employee)
  • In connection with the performance of the duties of juror or citizen assessor
  • If the employee refuses a geographical transfer to a country where homosexuality is criminalized on the grounds of sexual orientation
  • For having recounted or testified, in good faith, facts constituting a offense or a crime of which the employee would have been aware in the course of his duties
  • Against an employee whistleblower
  • Because of a legal action in relation to discrimination
  • Because of a legal action on gender equality
  • Against victims or witnesses of harassment moral or sexual (except in bad faith of the employee)
  • Without respecting maternity or paternity protection
  • Accident at work Without respecting the protection related to the
  • Without respecting the protection granted to certain employees (member of the ESCESC : Social and Economic Committee for example)
  • Infringement of the right to strike
  • Against an employee who has testified (or reported) to ill-treatment or deprivation of a person accommodated in social and medico-social institutions or services
  • Without respecting the protection related to the death of the child under 25
  • Without respecting the protection related to the death of an actual and permanent dependent under the age of 25.

The grounds for dismissal shall be mentioned at the dismissal procedure.

When the employer dismisses the employee, he notify dismissal by letter RARRAR : Recommended with notification of receipt. In this letter, the employer states the reason for the dismissal.

In the 15 days that follow the notification of dismissal, the reason stated in the letter may be specified at the initiative of the employer or at the request of the employee.

The employee must apply by registered letter with ARAR : Acknowledgment of receipt or delivery against receipt.

The employer has a time limit of 15 days upon receipt of the employee's request for clarification, if desired. He must communicate these details to the employee by letter RARRAR : Recommended with notification of receipt or delivery against receipt.

Yes, the employee can challenge the reason for the termination.

The starting point of the challenge period differs depending on whether the employee has requested clarification on the ground for dismissal or not:

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The employee did not ask for clarification on the grounds for dismissal

The employee has 1 year to challenge the ground for dismissal. The starting point for this period shall start at notification of dismissal.

The employee can enter the prud'homme council. The latter may impose penalties on the employer for wrongful dismissal or to cancel the dismissal.

The employee asked for clarification on the reason for the dismissal

The employee has 1 year to challenge the ground for dismissal. If the employer responds to the employee, the starting point for this period starts from second a letter from the employer outlining the reasons for termination.

The employee can enter the prud'homme council. The latter may impose penalties on the employer for wrongful dismissal or to cancel the dismissal.

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