What should the employer do in the event of the death of an employee?

Verified 28 June 2024 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Labor

The death of an employee is a case of force majeure which results in the termination of the contract of employment. In particular, the employer has obligations to heirs or rights-holders. He has to pay them some compensation. We're doing an update on the regulations.

The death of the employee is a case of force majeure. The contract is automatically terminated as a result of death.

The employer has no specific procedure to follow.

The employer's obligations differ if the death occurs outside work or during working time.

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Death outside work

The employer must:

  • Prepare receipt for balance of any account and transmit it to heirs or to rights-holders
  • Establish a work certificate and transmit it to the heirs or beneficiaries
  • Maintain single company personnel register
  • Inform the various social bodies of the employee's death (pension fund, pension scheme for example).

Death during labor

The employer must make a accident at work declaration of with the sickness insurance fund (CPAM: titleContent or MSA: titleContent) on which the employee depended within 48 hours.

Sundays and public holidays are not included in this period.

It must also inform the Economic and Social Committee (ESC), who may investigate, and the labor inspector.

The employer must:

  • Prepare receipt for balance of any account and transmit it to heirs or to rights-holders
  • Establish a work certificate and transmit it to the heirs or beneficiaries
  • Maintain single company personnel register
  • Inform the various social bodies of the employee's death (pension fund, pension scheme for example).

The employer must pay to heirs or to those entitled amounts earned on the date of death.

These amounts may be:

In addition, the employer must provide financial assistance if collective agreement, one company use or a unilateral commitment provides for it.

Heirs or beneficiaries can request the early release of the rights in respect of wage savings (participation in the company's profits, special reserve or company savings plan...).

FYI  

The employer must pay severance pay whether the dismissal has been notified before the death of the employee. He must also pay the specific indemnity for breach of agreement, if the breach of contract was certified before the employee’s death.

Who can help me?

Find who can answer your questions in your region

  • For information on the steps to be taken with the Urssaf

    Contact a Urssaf advisor by email

  • For information about paying death benefit and reporting an accident at work

    Primary health insurance fund (CPAM)

  • For information on employment law (e.g. amount of compensatory leave with pay)

    Telephone administrative information - Allo Public Service

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