What should the employer do in the event of an employee's death?
Verified 26 December 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labour
The death of an employee is a force which leads to the breaking of the employment contract. 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 employee? We take a look at the regulations.
The death of the employee is a case of force.
The contract is automatically terminated due to the death.
The employer does not have a specific procedure to follow.
The obligations for the employer differ if the death occurs outside work or during working time.
Death outside work
The employer must:
- Establish receipt for balance of any account
- Establish working certificate
- Maintain company staff unique register
- Inform the various social agencies of the employee's death (pension fund, pension plan, for example)
Work-related death
The employer must declaration of accident at work 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.
He shall also inform the Economic and Social Committee (ESC). The latter may carry out an investigation.
The employer must:
- Establish receipt for balance of any account
- Establish working certificate
- Maintain company staff unique register
- Inform the various social agencies of the employee's death (pension fund, pension plan, for example)
The employer must pay heirs or to beneficiaries the amounts acquired on the date of death.
These amounts can be as follows:
- Salaries not yet paid
- Premiums due
- Possible compensatory allowance
- Any rights saved in the time saving account
- Allowance for acquired rights in respect of compulsory counterpart in rest
In addition, the employer must provide financial assistance if a collective agreement, company use or unilateral commitment provides for it.
The heirs or assigns can request the early release of the rights in respect of wage savings (participation in the company's income, special reserve or company savings plan...).
FYI
the employer must pay severance pay if the dismissal has been notified before the employee dies. It must also pay the specific compensation for conventional break, if the conventional break was certified before the employee's death.
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For information on the steps to take with the Urssaf
UrssafFor information about the accident at work and salary certificate
Primary Health Insurance Fund (CPAM)For information on labour law (e.g. the amount of the compensatory leave allowance)
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- Labour Code: Articles D1221-23 to D1221-27Staff register
- Labour Code: Article L3141-28Compensatory leave
- Labour Code: Article D3121-23Compulsory compensation for rest
- Labour Code: Article R332-29Unavailability of sums, early release and liquidation
- Labour Code: Article R324-23Availability of beneficiaries' rights
- Labour Code: Article D3324-39Management of the special reserve
- Social Security Code: Articles L441-1 to L441-6General provisions accident at work
- accident at work: steps to takeService-Public.fr