56. Fixed-term contract: Early termination – serious misconduct

To be regarded as serious, the misconduct must be of such a nature that it makes it impossible for the employee to remain with the company, even during the period of notice.

The seriousness of the misconduct is assessed on a case-by-case basis. The same behaviour may be regarded, depending on the circumstances, the individuals involved, etc., as minor misconduct or serious misconduct.

It is up to the employer to assess whether the misconduct committed is serious and whether the employee must leave the company. If this is the case, you will need to act swiftly, whilst following the disciplinary procedure (summons, interview, etc.). Remember to consult your collective agreement, which may contain specific provisions on this matter.  

You must promptly summon the employee to a preliminary interview once you have become aware of the misconduct.

The letter of invitation must state the purpose, date, time and venue of the meeting. You should also state that the employee may be assisted by a member of staff from the company (as this is not a dismissal procedure, assistance from an external adviser is not permitted).

The notice must either be handed over in person against a receipt or sent by registered post.

Option: Following the meeting, you must allow a reflection period of at least two working days before making your decision.

Please note

If you still wish to terminate the fixed-term contract, you must state your reasons in your termination letter. You will need to draw up a notice of early termination for serious misconduct, explaining the grounds for this disciplinary action.

This may be sent to the employee by registered post with acknowledgement of receipt or handed over in person against a receipt, no later than one month following the meeting. In this case, the contract is terminated upon receipt of the letter.

If serious misconduct is not established, you will be required to pay damages to the employee for early termination of the contract outside the permitted grounds for termination (an amount at least equal to the remuneration they would have received until the end of the contract, plus the end-of-contract indemnity).

Severance pay is not payable in the event of early termination of a fixed-term contract on the grounds of serious misconduct.

Terminology

This is referred to as early termination of a fixed-term contract (CDD) on grounds of serious misconduct. The term ‘dismissal’ is reserved for permanent employment contracts (CDI).