What are the obligations of the employee whose employment contract is suspended?

Verified 26 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

During the suspension temporary employment contract (sick leave, maternity leave or adoption leave, for example), the employee not working.

During the suspension of his employment contract, the employee must comply with a obligation to loyalty to his employer.

This duty of loyalty is not defined in the Labor Code.

However, the judges clarified that the suspended employee:

  • Cannot work for a competitor of his employer
  • Must meet a obligation of discretion. In particular, he shall not have the right to disclose confidential data of the company to which he has access (e.g. trade secrets).

If the employee does not comply with these obligations, the employee may be licensee.

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