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

Verified 19 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The employee's employment contract may be temporarily suspended (for example due to sickness, maternity or adoption leave). The employee enjoys certain rights, in certain situations, during the suspension of his contract (for example, allowances and accrual of paid leave). We present you with the information you need to know.

The suspension of the contract of employment means that the contract of the employee shall cease in any temporary, without giving rise to the definitive breach of the contract.

During this suspension, the employee does not work and does not receive no salary from his employer.

Suspension of the employment contract may be decided on the initiative of the employee: for example, due to sickness, maternity leave, paternity and childcare leave, of adoption leave, secure voluntary mobility leave.

Suspension of the employment contract may also be decided by the employer: for example, because of a lay-off, temporary closure of the company, partial activity.

The employee shall not be paid during the period of suspension of his employment contract.

However, he may receive compensation in the following situations:

In certain situations, the employee may benefit from training.

This is particularly the case during a sick leave (as agreed by the treating physician) or short-time work.

The period of suspension shall be taken into account for the calculation of paid leave during:

On his return to the company, the employee must return to his or her job or to a similar job with remuneration at least equivalent to his previous job.

The duration of the suspension of the employment contract shall be treated as a period of actual working time for determining the employee's seniority rights.

The employee retains his rights to profit-sharing, if they exist in the company.

Yes, during the period of suspension of his employment contract, the employee may resign.

The obligation to carry out a notice varies according to the employee's situation.

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General case

The employee must give notice unless his employer exempts him.

Pregnant female employee

The employee does not have to give notice if her resignation occurs during her pregnancy.

No legal procedure is imposed on the employee to inform the employer of her wish to terminate the employment contract.

However, to prevent any dispute, the pregnant employee can inform her employer by letter with RAR: titleContent his willingness to resign.

Resignation to raise a child

The employee does not have to give notice if his or her resignation occurs for to raise a child.

An employee may resign:

  • Either at the end of the maternity leave or the adoption leave
  • Either in the 2 months depending on the birth of the child or the arrival at the hearth of the child

The employee must inform his or her employer at least 15 days before the envisaged date of termination of the employment contract.

To prevent any dispute, the employee may inform her employer by letter with RAR: titleContent his willingness to resign.

Creating a company

The employee in leave for company creation must inform his employer of his wish to terminate his employment contract at least 3 months before the date on which his leave ends (unless otherwise provided for in collective company agreement or collective agreement or branch agreement).

To prevent any dispute, the employee can inform his employer by letter with RAR: titleContent his willingness to resign.

The contract of employment shall be terminated in accordance with the conditions laid down in the contract of employment.

The employee must then give notice unless his employer waives.

During the suspension of his employment contract, the employee can't be fired.

However, the employer may terminate the employee's contract in the event of gross negligence or of being unable to continue his employment for any reason other than the suspension of his employment contract.

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