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
- Last salary due on the day of death
- Notice Allowances and dismissal to which the employee is entitled in view of his seniority
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:
Childcare
A service allows to carry out online the steps related to the termination of the employment contract:
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:
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 ServiceThe 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
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 the Fixed Term 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 (merger of the court of first instance and the 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