Employee at the employer's home: what to do in case of death of the employer?
Verified 02 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
When an individual employer who employs an employee at home dies, the employee's employment contract is automatically terminated. Where the contract is entered into by a couple, it may continue with the survivor of the couple. How is the employee informed of the death of his employer? Does the employee receive compensation as a result of the death of the employer? What documents are given to the employee at the end of the employment contract? We're doing an update on the regulations.
The situation varies depending on whether the employee is on a permanent contract (CDI) or a fixed-term contract (CDD).
DTA
The termination of the contract differs depending on whether the employee is employed by a couple of private employers or not.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
Yes, the death of the individual employer shall end automatically the employee's employment contract.
The breakup of the employment contract on the date of death the individual employer.
The employment contract provides that the employee is hired by a couple of individual employers
The regulations differ depending on whether the employee wishes to continue the employment contract with the survivor of the couple.
Agreement of the employee to continue the employment contract with the survivor of the couple
Where the employment contract provides that the employee is hired by a couple of private employers, the surviving spouse may continue the employment relationship with the employee if he's okay with it.
An amendment to the employment contract may confirm this agreement.
The employment contract is not broken. The employee shall retain his seniority.
The survivor of the couple shall ensure that they are registered as an individual employer with theUrssaf: titleContent. If necessary, it shall make the necessary corrections to that body.
The employee does not agree to continue the employment contract with the survivor of the couple
Yes, the death of the individual employer shall end automatically the employee's employment contract.
The termination of the contract of employment occurs on the date of death the individual employer.
Yes, one entitled or, in the absence of a person entitled, a third party (notary, for example), informs the employee of the date of death of the individual employer as soon as possible, in writing.
NoHowever, the notice cannot be given because of the death of the employer.
However, the employee is entitled to a compensatory period of notice.
The duration of the notice depends on the employee's seniority with the employer.
It is calculated on the day of the death of the individual employer.
Employee's length of continuous service with the same employer | Notice in the event of dismissal |
|---|---|
Less than 6 months | 1 week |
From 6 months to less than 2 years | 1 month |
2 years and older | 2 months |
Yes, the employee shall receive the following allowances:
- Compensation equal to the compensation for notice
- Allowance calculated in the same way as severance pay
- Compensatory leave with pay
The employee also receives the last salary due on the day of death.
Please note
Where recourse is had to the Cesu: titleContentHowever, if the leave is paid monthly, it does not give rise to compensatory allowance.
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.
Termination procedures can be carried out on the Internet. It varies according to the activity of the employee.
General case
A service allows to carry out online the steps related to the termination of the employment contract:
Childcare
A service allows to carry out online the steps related to the termination of the employment contract:
CSD
The termination of the contract differs depending on whether the employee is employed by a couple of private employers or not.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
Yes, the death of the individual employer shall end automatically the employee's employment contract.
The CSD: titleContent is broken by anticipation on the date of death the individual employer.
The death of the individual employer is not a case of force majeure.
The employment contract provides that the employee is hired by a couple of individual employers
The regulations differ depending on whether the employee wishes to continue the employment contract with the survivor of the couple.
Agreement of the employee to continue the employment contract with the survivor of the couple
Where the employment contract provides that the employee is hired by a couple of private employers, the surviving spouse may continue the employment relationship with the employee if he's okay with it.
An amendment to the employment contract may confirm this agreement.
The employment contract is not broken. The employee shall retain his seniority.
The survivor of the couple shall ensure that they are registered as an individual employer with theUrssaf: titleContent. If necessary, it shall make the necessary corrections to that body.
The employee does not agree to continue the employment contract with the survivor of the couple
Yes, the death of the individual employer shall end automatically the employee's employment contract.
The CSD: titleContent is broken by anticipation on the date of death the individual employer.
The death of the individual employer is not a force majeure.
Yes, one entitled or, in the absence of a person entitled, a third party (notary, for example), informs the employee of the date of death of the individual employer as soon as possible, in writing.
The breakdown of the CDD in anticipation entitles the employee to damages.
The amount of damages shall be at least equal to the following 2 amounts:
- Wages that the employee would have received until the end of his contract
- And termination indemnity calculated until termination of contract originally planned
The employee receives a Compensatory leave with pay.
He also receives the last salary due on the day of death.
Please note
Where recourse is had to the Cesu: titleContentHowever, if the leave is paid monthly, it does not give rise to compensatory allowance.
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.
Termination procedures can be carried out on the Internet. It varies according to the activity of the employee.
General case
A service allows to carry out online the steps related to the termination of the employment contract:
Childcare
A service allows to carry out online the steps related to the termination of the employment contract:
Who can help me?
Find who can answer your questions in your region
To find out about the employee-employer relationship (no answer on the rules relating to the Cesu)
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
Urssaf service Cesu
To find out if you are an individual employer using the Cesu or an employee declared with the Cesu device
By telephone
0 806 802 378 - (Free service + Variable call price depending on the telephone operator).
Monday to Friday from 9am to 5pm
In Martinique and Guadeloupe: until 11am
In French Guiana: until 12pm
In Reunion: from 11am to 7pm
From the foreigner: 00 33 806 802 378 (Toll free service + variable call price depending on the telephone operator).
By email
Access to contact form
By mail
Urssaf service Cesu
63 de la Montat Street
42 961 Saint-Étienne cedex 9
- National Collective Agreement of Individual Employers and Homework of March 15, 2021Death of the employer (Articles 62, 161-4-1 and 162)
- Labor Code: Articles L1243-1 to L1243-13-1Early termination of fixed-term employment contract
- Individual Employer: Home Support Worker (Personal Services)Service-Public.fr
- Dismissal of home-based employee employed by an individualService-Public.fr
- Accept or renounce the succession (option to inherit)Service-Public.fr
- Bring the matter before the court of justice (former courts of first instance/high court)Service-Public.fr
- What to do in case of death of the employer?Urssaf
- Employment contract of an employee declared with the Cesu (PDF - 285.4 KB)Urssaf
- Personal Services SiteMinistry of Finance
- Official website of the individual employer and employeeUrssaf Caisse nationale (formerly Acoss)
- Cesu siteUrssaf