Does the absence of the individual employer terminate the employee's contract?
Verified 02 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)
No, the absence of the individual employer, even if temporary, does not terminate the employee's contract of employment at home. Should the employee be paid during the absence of the individual employer? Can the employment contract provide for absences of the individual employer? We're doing an update on the regulations.
The rules vary depending on whether the period of absence is provided for in the employment contract or not.
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Period of absence provided for in the contract of employment
The employment contract is suspended. Periods of absence shall not be taken into account for the calculation of actual working time.
Periods of suspension are taken into account when calculating the employee's seniority.
The employee is not paid by the employer during absences.
Period of absence not provided for in the employment contract
Periods of suspension are taken into account when calculating the employee's seniority.
They shall also be taken into account for the acquisition of paid leave.
The employee is paid as if he had worked normally.
Please note
in the absence of a written contract (Cesu: titleContent), the individual employer undertakes to provide the employee with the work and the corresponding remuneration. He must therefore maintain the employee's salary at home when he is absent.
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For more information on this topic, you can contact Allô Service Public.
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He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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