Selecting a language will automatically trigger the translation of the page content.

Employee at the employer's home: what to do in case of death of the employer?

Verified 15 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The situation varies depending on whether the employee is on a permanent contract (CDI) or a fixed-term contract (CDD).

DTA

The death of the individual employer automatically terminates the employee's employment contract.

The death of the individual employer shall result in the termination of the contract of employment.

This breakdown occurs on the date of the death of the individual employer.

One entitled or, in the absence of a person entitled to a third party, inform the employee of the date of death of the individual employer as soon as possible, in writing.

Amounts Due
Compensatory leave with pay

If there is any untaken paid leave remaining on the date of termination of the contract, a leave allowance paid is due.

This allowance shall be equal to the greater of the two amounts:

  • Gross remuneration received by the employee for a period of work equivalent to that of the remaining paid leave
  • 1/10e of the total gross remuneration received in the reference year

In the case of recourse to the Cesu, if the leave is paid every month, it does not give rise to compensatory allowance.

Termination Documents

One entitled or, in the absence of a person entitled to a third party, must provide the employee with the following documents:

  • Work Certificate
  • Pôle emploi Attestation
  • Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for balance of any account, he has 6 months after the date of signature to contest it.

These documents shall be submitted within 30 months calendar days from the date of death.

General case

A service allows to carry out online the steps related to the termination of the employment contract:

Procedures for termination of employment at home

Childcare

A service allows to carry out online the steps related to the termination of the employment contract:

Procedures for termination of child care contracts

Warning  

if the employment contract provides that the employee is hired by a couple of private employers, the surviving person of the couple may continue the employment relationship with the employee. It shall ensure that it is registered as an individual employer with theUrssaf: titleContent. If necessary, it shall make the necessary corrections to that body.

CSD

The death of the individual employer automatically terminates the employee's employment contract.

The death of the individual employer is not a case of force majeure.

The early termination of the CDD entitles the employee to damages.

The amount shall be at least equal to the remuneration he would have received until the end of the contract.

Termination Documents

One entitled or, in the absence of a person entitled to a third party, must provide the employee with the following documents:

  • Work Certificate
  • Pôle emploi Attestation
  • Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for balance of any account, he has 6 months after the date of signature to contest it.
General case

A service allows to carry out online the steps related to the termination of the employment contract:

Procedures for termination of employment at home

Childcare

A service allows to carry out online the steps related to the termination of the employment contract:

Procedures for termination of child care contracts

Who can help me?

Find who can answer your questions in your region