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What should the employer do if an employee dies?

Verified 01 January 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labor

In the event of the death of one of its employees, the employer has obligations that are different depending on the cause or circumstances of the death. Death results in the automatic termination of the employment contract.

General case

Death is by nature a case force majeure and leads to the automatic termination of the employment contract.

The employer prepares the pay statement and the balance of any account, mentioning the wages, leave, bonuses due.

It deletes the employee from the company's personnel register.

It contacts the various social bodies.

The employer must pay to heirs wages earned on the date of death including, but not limited to:

  • Current month's salary in proportion to the duration
  • Premiums due
  • Possible compensatory leave with pay
  • Allowance for acquired rights in respect of compulsory consideration on rest

In addition, the employer may be required, by collective agreement, use of a company or unilateral undertaking, to pay financial assistance to the beneficiaries.

In addition, right holders can request the early liquidation of rights in respect of wage savings (participation in the company's results, special reserve or business savings plan...).

FYI  

The employer is liable for severance pay or the specific conventional severance pay, if any of these procedures were ongoing.

Work accident

Death is by nature a case force majeure and leads to the automatic termination of the employment contract.

The employer must make within 48 hours (excluding Sundays and public holidays) a declaration of an accident at work with the health insurance fund on which the employee depended.

It must also inform the Economic and Social Committee (ESC), which may carry out an investigation.

The employer prepares the pay statement and the balance of any account, mentioning the wages, leave, bonuses due.

It deletes the employee from the company's personnel register.

It contacts the various social bodies.

The employer must pay to heirs wages earned on the date of death including, but not limited to:

  • Current month's salary in proportion to the duration
  • Premiums due
  • Possible compensatory leave with pay
  • Allowance for acquired rights in respect of compulsory consideration on rest

In addition, the employer may be required, by collective agreement, use of a company or unilateral undertaking, to pay financial assistance to the beneficiaries.

In addition, right holders can request the early liquidation of rights in respect of wage savings (participation in the company's results, special reserve or business savings plan...).

FYI  

The employer is liable for severance pay or the specific conventional severance pay, if any of these procedures were ongoing.