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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:

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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