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Does the absence of the individual employer terminate the employee's contract?

Verified 15 January 2022 - Legal and Administrative Information Directorate (Prime Minister)

No. The absence of the individual employer does not terminate the employee's employment contract.

The employer may be temporarily absent. He does not work his employee on the agreed days and hours.

The employee's rights vary whether or not periods of absence are provided for in the employment contract.

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Period of absence under the employment contract

Impact on the employment contract

The employment contract is suspended. Periods of absence shall not be taken into account for the calculation of actual working time.

Suspension periods are taken into account when calculating the employee's seniority.

Compensation Impact

The employee is not paid by the employer during these absences.

Period of absence not provided for in the employment contract

Impact on the employment contract

Suspension periods are taken into account when calculating the employee's seniority. They are also taken into account for the acquisition of paid leave.

Compensation Impact

The employee is paid as if he had worked normally.

If the absence or unavailability of the individual employer continues, the individual employer may terminate the employee.

He follow the procedure and provide reasons for dismissal.

Disputes fall under the jurisdiction of the prud'homme council of the home of the individual employer.