Does the employee receive compensation in the event of dismissal for physical incapacity?

Verified 24 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When the occupational doctor declares the employee unfit for work, the employer must in principle offer him another job. We're talking about reclassification. Where no position is available or the employee refuses the position, the employer may dismiss the employee. The rules on severance pay differ depending on whether the employee is in DTA: titleContent or CSD: titleContent. We are taking stock of the regulations.

Employee on a permanent contract

The rules are different depending on whether the incapacity pronounced by the occupational physician follows a accident at work or to a occupational disease or not.

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Incapacity following non-occupational disease or accident

Employee dismissed due to incapacity of non-professional origin, i.e. following an illness or non-occupational accident, may receive severance pay.

In order to receive this allowance, the employee must have at least 8 months of uninterrupted seniority to the same employer.

The amount of such compensation shall be at least equal to statutory severance pay (except treaty provisions more favorable).

When the employee is dismissed, there is no notice. The employee don't touch compensation for notice.

Of treaty provisions may provide for the payment of compensation in lieu of notice.

The duration of the unpaid notice shall be taken into account to determine the calculation of the statutory severance pay.

Example :

An employee is dismissed for incapacity due to illness. The employee has 8 years and 3 months of service in the company at the time of notification of his dismissal. The period of notice shall be 2 months. The length of service taken into account in calculating the severance pay will be 8 years and 5 months.

Please note

The employee may receive compensation for notice when the dismissal is reclassified without real and serious cause by the prud'hommes council due to the employer's failure to fulfill its obligations (e.g. failure to seek reclassification).

If the employee meets the conditions, he can benefit from Return to Employment Assistance (RWA)However, there may be deferred compensation and a waiting period.

Accident at work Incapacity due to occupational

The employee who was fired as a result of a incapacity of occupational origin, i.e. following a accident at work or a occupational diseaseshall receive the following allowances:

Please note

In the event of the employee's undue refusal to reclassify, he or she shall receive the statutory severance pay (except treaty provisions more favorable).

If the employee meets the conditions, he can benefit from Return to Employment Assistance (RWA), but there can be delays in compensation and a waiting period.

Employee on fixed term contracts

The rules are different depending on whether the incapacity pronounced by the occupational physician follows a accident at work or to a occupational disease or not.

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Incapacity following non-occupational disease or accident

The employee whose CSD: titleContent is ruptured before its end due to incapacity of non-professional origin, i.e. following an illness or non-occupational accident, may receive the following allowances:

  • Severance pay of an amount at least equal to statutory severance pay (unless more favorable treaty provisions). It shall be paid without any condition as to seniority.
  • Precarious allowance : 10% of total gross remuneration unless the subject of the fixed-term contract (seasonal, contract with assistance, etc.) does not provide for it

If the employee meets the conditions, he can benefit from Return to Employment Assistance (RWA)However, there may be deferred compensation and a waiting period.

Accident at work Incapacity due to occupational

The employee whose CSD: titleContent is broken before its end due to a professional incompetence, i.e. following a accident at work or a occupational diseasemay receive the following allowances:

  • Severance pay of an amount at least equal to double of statutory severance pay (unless more favorable treaty provisions). It shall be paid without any condition as to seniority.
  • Precarious allowance : 10% of total gross remuneration unless the subject of the fixed-term contract (seasonal, contract with assistance, etc.) does not provide for it

If the employee fulfills the conditions, he can receive the allowance Return to Employment Assistance (RWA)However, there may be deferred compensation and a waiting period.

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