There is no legal obstacle to dismissing the employee during the suspension of the work contract.
The Third Chamber of the Supreme Court of Justice, in its judgment (number 033-2021-SSEN-01190) dated 26 November 2021, ratified its opinion that the suspension of the employment contract is not an impediment to terminate with cause, the contract of a worker having committed a fault.
Article 88 of the Labour Code establishes that the worker’s faults expire 15 days after they were committed. If this term expires during the suspension period, the employer can no longer use the fault to justify the dismissal. This applies to any and all causes for suspension.
Key Action Points for Human Resources and In-house Counsel
The employer must terminate (with cause) the contract within 15 days of an employee having committed a fault. This period of 15 days continues to run regardless of whether the employment contract is suspended.