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:
- Partial unemployment
- Disease (social security benefits or supplementary benefits paid by the employer)
- Maternity Leave
- Paternity and childcare leave
- Educational parental leave
- Leave related to Time Savings Account (TSA)
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:
- Training leave
- Maternity leave
- Paternity and childcare leave
- Adoption leave
- Leave related to Time Savings Account (TSA)
- Leave for family events
- Work stoppage due to accident at work occupational, commuting, or disease
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.
Répondez aux questions successives et les réponses s’afficheront automatiquement
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.
- Labor Code: Articles L1226-7 to L1226-9-1Suspension of contract and protection against breach
- Labor Code: Article L1225-34Resignation during pregnancy
- Labor Code: Articles L3142-117 and L3142-118Conditions, duration, employee's request, employer's response, employee's situation, at the end of the leave or part-time (scope of collective bargaining)