How the misconduct is classified determines almost everything: the notice period, severance pay, and the risk before the conseil de prud'hommes (French employment tribunal). Here are the three levels, their consequences, and the procedure to follow (factsheet F1137).
1. The definitions
- Simple misconduct (faute simple): a failing by the employee that does not make it impossible to keep them in the company, but does justify dismissal (real and serious cause, cause réelle et sérieuse). For example, an error or negligence in their work.
- Serious misconduct (faute grave): a failing that makes it impossible to keep the employee in the company, even during the notice period. It can be established on a first occurrence. Examples cited by the authorities: drunkenness at work, unjustified absences, insubordination, harassment, violence or insults, theft.
- Gross misconduct (faute lourde): misconduct of particular seriousness that reveals an intention to harm the employer. Examples: deliberate damage to work equipment, diverting customers to a competitor, disclosure of confidential information.
The same act may be classified differently depending on length of service, position, context and repetition. If it is disputed, the judge decides.
2. The consequences
| Simple misconduct | Serious misconduct | Gross misconduct | |
|---|---|---|---|
| Notice (or payment in lieu of notice) | Yes | No | No |
| Severance pay | Yes, if length of service is sufficient | No | No |
| Payment in lieu of accrued paid leave | Yes | Yes | Yes |
| Unemployment benefit | Yes | Yes | Yes |
Payment in lieu of accrued paid leave is due even in the event of gross misconduct (L3141-28): older sources say otherwise, but they are no longer up to date. Only gross misconduct allows the employer to claim damages from the employee. Your convention collective (collective bargaining agreement) may provide for more favourable rules.
3. Precautionary suspension (mise à pied conservatoire)
It allows the employee to be removed from the workplace immediately during the procedure; it is not a sanction, and it is not required in order to dismiss for serious misconduct. If serious or gross misconduct is upheld, the suspension period is unpaid. If it is not, discuss with your lawyer the consequences for the employee's pay for that period.
4. The procedure for dismissal for misconduct
- Initiate the procedure within 2 months of the day you became aware of the facts (L1332-4).
- Invite the employee to a preliminary meeting (entretien préalable) by registered letter or hand delivery against a signed receipt, at least 5 working days before the meeting (L1232-2).
- Conduct the meeting: set out the facts, listen to the explanations.
- Notify the dismissal by registered letter stating the reasons, at least 2 working days after the meeting (L1232-6) and no more than 1 month after it (L1332-2).
- The grounds may be clarified within 15 days of notification (L1235-2).
5. Proof
It is for the employer alleging serious misconduct to prove it; for gross misconduct, the employer must also prove the intention to harm. And for any dismissal, if doubt remains, it benefits the employee (L1235-1). Hence the importance of a solid case file: dated facts, documents, witness statements.
Please note: this guide is for information only, up to date as of 14 October 2026, and is no substitute for advice tailored to your situation. For a specific case, consult your expert-comptable (chartered accountant) or your lawyer.