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What are the rights of the employee whose employment contract is suspended?

Verified 02 June 2021 - Directorate for Legal and Administrative Information (Prime Minister)

During the suspension the employee does not work on a temporary basis (for example, sick leave, maternity leave or adoption leave). He does, however, have certain rights under conditions.

The employee shall not be paid during the period of suspension of his employment contract.

However, he may receive compensation in the following situations:

In certain situations, the employee may benefit from training.

This is particularly the case during a sick leave or a short-time work.

The period of suspension shall be taken into account for the calculation of paid leave during:

On his return to the company, the employee must return to his job or to a similar job, with at least equivalent remuneration.

During the period of suspension of his employment contract, the employee shall DTA: titleContent has the right to resignunder certain conditions.

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General case

He must respect a notice, unless exempted by his employer.

Pregnant female employee

The employee does not have to give notice if the resignation occurs during a pregnancy.

Resignation to raise a child

The employee does not have to give notice if the resignation occurs for to raise a child.

Creating a company

The employee does not have to give notice at the end of a leave for company creation.