What should the employer do in the event of the death of an employee?
Verified 26 December 2022 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Labor
The death of an employee is a case of force majeure which results in the termination of the contract of employment. What are the effects of death on the employment contract? What are the employer's obligations when an employee dies? Does the employer have to pay compensation to heirs of the employee? We're doing an update on the regulations.
The death of the employee is a case of force majeure.
The contract is automatically terminated as a result of death.
The employer has no specific procedure to follow.
The employer's obligations differ if the death occurs outside work or during working time.
Death outside work
The employer must:
- Prepare receipt for balance of any account
- Establish a work certificate
- Maintain single company personnel register
- Inform the various social bodies of the employee's death (pension fund, pension scheme for example)
Death during labor
The employer must make a accident at work declaration of with the sickness insurance fund (CPAM: titleContent or MSA: titleContent) on which the employee depended within 48 hours.
Sundays and public holidays are not included in this period.
It must also inform the Economic and Social Committee (ESC). The latter may conduct an investigation.
The employer must:
- Prepare receipt for balance of any account
- Establish a work certificate
- Maintain single company personnel register
- Inform the various social bodies of the employee's death (pension fund, pension scheme for example)
The employer must pay to heirs or to those entitled amounts earned on the date of death.
These amounts may be:
- Salaries not yet paid
- Premiums due
- Possible compensatory allowance for paid leave
- Any rights saved in the time savings account
- Compensation for accrued rights in compulsory quiescent consideration
In addition, the employer must provide financial assistance if collective agreement, one company use or a unilateral commitment provides for it.
Heirs or beneficiaries can request the early release of the rights in respect of wage savings (participation in the company's profits, special reserve or company savings plan...).
FYI
the employer must pay severance pay whether the dismissal has been notified before the death of the employee. He must also pay the specific indemnity for breach of agreement, if the breach of contract was certified before the employee’s death.
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