Procedure for the dismissal of a protected worker, in 10 days DEL-Law obtains a departure by mutual agreement with recognition of the serious cause.Posted the 25 December 2021
DEL-Law successfully assisted an international company with the termination for serious cause of an employee elected to the works council. Within 48 hours we formally notified the employee and unions of the intention to terminate the employment for serious cause and the rationale for doing so (20 pages document and 20+ annexes) and filled the mandatory writ to the labour tribunal. Having complied with all the applicable formal requirements and anticipated any potential practical issues (there are a lot certainly with an employee residing in another country), we then negotiated with the unions and as the case had been solidly presented and all formalities had been met, the employee and Unions agreed to a termination in common consent with full recognition of the serious cause and a EUR 15K payment to be compared with the EUR 370K cost of the dismissal protection indemnity. All settled within 10 days and with the possibility for the client to disclose the agreement and use it to set a precedent within the company on breaches that are to be considered as unacceptable as admitted by the Unions.