What could be reasons for dismissal from your employer?

Dismissal for business reasons is a difficult situation for both employer and employee. The reason for dismissal actually says it all: the financial results of the company or organisation cause a decision to lay off staff. This does not simply mean that you no longer have any rights in case of dismissal by your employer. In fact, the company must meet some important conditions before dismissal can be initiated.

First of all, it is important for the company to properly identify its worsening financial situation. This may be due, for example, to a company getting fewer orders. This leaves less work for employees who are still on the payroll. Also, a company relocation or termination of part of the business activities may be a reason why the financial results are less than before.

As a company, you cannot simply dismiss people; they have to find a reason to do so. This often involves applying the apportionment principle, whereby some employees are eligible for dismissal and some are not. Employees are then divided into age and job groups.

Are all employees classified into age and job groups? And is it clear who is eligible for dismissal and who is not? If so, the company should first examine whether there are redeployment possibilities. Perhaps another department has enough work or vacancies still need to be filled there. Even if it requires training, a company is often obliged to redeploy employees within a reasonable period of time.

Frequent absenteeism is a problem that affects both employer and employee. In most cases, not much can be done about absenteeism from the employee's point of view - after all, in your case, you are regularly sick and cannot work as a result. But beware, it can lead to your dismissal if not resolved. The question that does arise is: how often exactly is frequent sickness? It is worth noting that employees are 'entitled' to a certain number of sick days, but excessive absenteeism can lead to an employer's dismissal. As a rule, this is judged as follows: if you call in sick more than three times a year, this is considered frequent absenteeism. It is therefore important to work together on solutions to avoid being sick at work too often.

Of course, it can also happen that you become disabled for a long time. There are then a number of important points to consider. Keep in mind that it often creates a difficult situation for employers too: after all, employers have an employee on their payroll who is no longer performing work. Nevertheless, you have certain rights that an employer must take into account. These are as follows:

During the first two years of your incapacity for work, there is a ban on dismissal. This means that, in principle, an employee cannot be dismissed because of illness or disability.

It is important for employees to be aware of the consequences of seriously culpable actions in the workplace. An ultimate consequence of dismissal due to culpable actions can, of course, mean dismissal. But what exactly is meant by 'seriously culpable conduct'? And can there be a 'cumulation ground', where multiple culpable acts ensure that there is sufficient cause to dismiss someone?

Serious culpable conduct can take different forms, but common reasons cited by employers include theft of company property, embezzlement of money, fraud, forgery or, for example, misconduct in the workplace. Misconduct in the workplace in particular is often used as a reason for dismissal, but an employer must properly substantiate exactly what the misconduct entails. Moreover, the misconduct must be seen as proportionate to the dismissal imposed. An employer cannot dismiss you just because you accidentally offended someone at work, for example.

Our lawyers know exactly which dismissals can qualify as 'serious misconduct' and what your rights and obligations are in the event of dismissal. We offer free and no-cost assistance to employees who are dismissed for this reason.