It’s never easy to keep a cool head when you’ve been dismissed. Before looking into how to get back on your feet, you should ensure that your employer had valid reasons for dismissal and followed the notice procedure established by law.
An employer cannot dismiss its employees for no reason. The employer must give a notice period (except in the case of serious misconduct), in addition to severance pay if you have worked at the company for more than five years. This sum increases with seniority, but is theoretically capped at 12 months’ pay (18 months’ pay for economic redundancy).
You may be dismissed either on the basis of the company’s operating requirements (economic reasons), or for personal reasons.
Excluding serious misconduct, your employer must give a notice period of:
The employer may ask to you not to work during all or part of your notice period. It must notify you of this in writing. This does not exonerate them from paying your salary and benefits in full for the whole of your legal notice period. Time off work is considered actual working time.
The notice period begins on the 15th of the month if the employment termination letter is sent before then. If the letter is sent between the 15th and the last day of the month, the notice period runs from the 1st of the subsequent month. Excluding dismissal for serious misconduct, the employer is not required to specify the reasons for dismissal in the employment termination letter. However, it must do so upon your request, made by registered letter within a month of receiving your employment termination letter, at the latest. Where applicable, the employer must then answer:
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