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Employee at the employer's home: what to do if the employer dies?

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

Indefinite contract

The death of the individual employer is not a case of force majeure. However, it automatically terminates the employee's employment contract.

The death of the individual employer shall automatically result in the termination of the employment contract. This breakdown occurs on the date of death of the individual employer. One entitled or, failing that, a third party shall inform the employee of the date of death of the individual employer as soon as possible in writing.

Amounts due
  • Last salary due on the day of death
  • Advance pay and dismissal to which the employee is entitled, taking into account his seniority
Allowance for paid leave

If there is any leave with pay not taken on the date of breach of contract, a holiday compensation paid is due.

This allowance is 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 monthly, it does not give rise to compensation.

Contract End Documents

One entitled or, failing that, a third party must provide the employee with the following documents:

  • Work Certificate
  • Pôle emploi Attestation
  • Receipt for balance of any account that details the amounts paid when the employment contract was terminated. If the employee has signed the receipt for the balance of any account, he or she has 6 months from the date of signature to contest it.

These documents are submitted within 30 calendar days of death.

General case

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

Home Employment Termination Procedures

Child care

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

Childcare Termination Procedures

Warning  

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

Fixed-term contract

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

The breach of the CSD by anticipation entitles the employee to damages.

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

Contract End Documents

One entitled or, failing that, a third party must provide the employee with the following documents:

  • Work Certificate
  • Pôle emploi Attestation
  • Receipt for balance of any account that details the amounts paid when the employment contract was terminated. If the employee has signed the receipt for the balance of any account, he or she has 6 months from the date of signature to contest it.
General case

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

Home Employment Termination Procedures

Child care

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

Childcare Termination Procedures