Is the employee's fixed term of employment extended in the event of a work stoppage?

Verified 18 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In principle, work stoppage does not extend one CSD: titleContent accident at work even if the employee is on work stoppage due to an occupational disease or

But, exceptionally, in the event of a work stoppage due to a accident at work or to a occupational disease, the duration of the CDD may be extended if the contract provides for a renewal clause.

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Non-occupational disease or pregnancy

The employer is not no need to prolong the duration of the CDD due to illness or pregnancy.

When the term of the CDD intervenes during work stoppage, the contract ends on the date originally scheduled.

Example :

If your employment contract ends on March 5, 2023, and you are arrested for illness or pregnancy on February 21, 2023, your term of employment ends at the scheduled date of March 5, 2023.

Accident at work or occupational disease

Principle

A work stoppage does not automatically extend the term of employment. Indeed, when the end of the fixed-term contract occurs during the stoppage of work, the contract ends on the scheduled date.

Exception

If the contract provides for a renewal clause of the CSD, the employer shall apply the clause.

However, if justifies of a actual and serious ground not connected with the accident at work or the occupational disease (e.g. unjustified absence of the employee from the company), may terminate to the contract.

If the employer does not prove a real and serious reason, the employer must pay the employee compensation corresponding to the damage suffered. This allowance may not be less than the amount of wages and benefits that the employee would have received up to the end of the renewal period provided for in the contract.