All about disciplinary layoff |Tissot editions

What is disciplinary layoff?

La mise à pied disciplinaire est une sanction disciplinaire.

It consists in temporarily dismissing your employee from your company, when he has committed a fault serious enough to justify his temporary eviction but that she is not serious enough to justify a dismissal.During such a layoff, the employment contract of your employee is then suspended (he does not come to work and is not remunerated).Following this period of eviction, your employee normally resumes his functions.

Please note, you should in no case confuse disciplinary layoff and conservatory layoff.

If they both constitute a response to faulty behavior and result in the temporary suspension of your employee's employment contract, disciplinary layoff is a full -fledged sanction.

The layoff pronounced as a precaution is a waiting measure taken before the pronouncement of a sanction, in particular in the presence of a serious fault of the employee.

Not having the same object, they do not have the same legal meaning.You must therefore be vigilant on the appellation before its pronouncement.

Pronounce a disciplinary layoff, under what conditions?

As mentioned, the fault committed by your employee must be important enough to justify his temporary eviction.

However, to be able to pronounce a disciplinary layoff, it must be provided for in the scale of the sanctions applicable within your company.It must not only appear in your internal regulations, but it must also fix the maximum duration.

Otherwise, the sanction will then be illegal and your employee may request the cancellation before the prud’homal judge.

Need help to develop your internal regulations?Editions Tissot offer you a model of internal regulations that you can personalize.

What is the duration of a disciplinary layoff?

Again, it is the internal regulations that define its maximum duration.In the majority of cases, disciplinary layoffs do not exceed 5 working days.

The duration of a disciplinary layoff must be limited in time.When you pronounce this sanction, it must therefore:

Necessarily indicate this duration in the notification letter.

Adapt the duration of the sanction with the severity of the fault committed by your employee.

What procedure to respect in the event of disciplinary layoff?

If you want to put off one of your employees, you must respect the following procedure:

Check the provisions provided for by your internal regulations and by your collective agreement, they may differ from legal provisions and are imposed on you.

What is the status of the employee during disciplinary layoff?

Your employee's employment contract will be suspended during the duration of the eviction.You don't have to pay your employee.

If the employee was placed on sick leave, the execution of the disciplinary layoff cannot be postponed after it.

In such a case, the disciplinary layoff has no effect on the payment of daily allowances, but you are not required to pay the employee additional compensation during the layoff which coincides with the'sick leave.

These consequences make disciplinary layoff, a particularly heavy sanction.As with any disciplinary measure, the level of sanction must be adapted to the fault committed.This must be justified and proportional to the fault committed.Otherwise, your employee can contest it before the prud'homal jurisdiction.