Employee at the employer's home: what to do in case of death of the employer?
Verified 23 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)
When an individual employer who employs an employee at home dies, the employee's permanent contract of employment (CDI) is automatically terminated. The employee may receive compensation as a result of the death of the employer. When the employee is hired in CSDCSD : Fixed-term contract, the contract shall not be automatically terminated as a result of death. We're taking a look at the regulations, which vary depending on whether the employee is hired on a permanent contract or a permanent contract.
DTA
The termination of the contract differs according to whether the employee is employed by a couple of private employers or not:
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The employment contract provides that the employee is hired by a single member of the couple
Yes, the death of the individual employer shall end automatically the employee's employment contract.
The breakup of the employment contract on the date of death the individual employer.
The employment contract provides that the employee is hired by a couple of individual employers
The regulations differ depending on whether the employee wishes to continue working with the survivor of the couple.
The employee agrees to continue working with the survivor of the couple
Where the employment contract provides that the employee is hired by a couple of private employers, the survivor of the couple can continue working relationship with employee if he's okay with it.
One agreeable the contract of employment may confirm that agreement.
The employment contract is not broken. The employee shall retain his seniority.
The survivor of the couple must ensure that they are registered as an individual employer with the employerUrssafUrssaf : Union for the recovery of social security contributions and family allowances. If necessary, it must make the necessary corrections to that body.
The employee does not agree to continue working with the survivor of the couple
The death of the individual employer ends automatically the employee's employment contract.
The termination of the contract of employment occurs on the date of death the individual employer.
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The employment contract provides that the employee is hired by a single member of the couple
Yes, the death of the individual employer shall end automatically the employee's employment contract.
The breakup of the employment contract on the date of death the individual employer.
The employment contract provides that the employee is hired by a couple of individual employers
The regulations differ depending on whether the employee wishes to continue working with the survivor of the couple.
The employee agrees to continue working with the survivor of the couple
Where the employment contract provides that the employee is hired by a couple of private employers, the survivor of the couple can continue working relationship with employee if he's okay with it.
One agreeable the contract of employment may confirm that agreement.
The employment contract is not broken. The employee shall retain his seniority.
The survivor of the couple must ensure that they are registered as an individual employer with the employerUrssafUrssaf : Union for the recovery of social security contributions and family allowances. If necessary, it must make the necessary corrections to that body.
The employee does not agree to continue working with the survivor of the couple
The death of the individual employer ends automatically the employee's employment contract.
The termination of the contract of employment occurs on the date of death the individual employer.
Yes, one entitled or, in the absence of a person entitled, a third party (notary, for example) must inform the employee of the date of the death of the individual employer as soon as possible, in writing.
NoHowever, the notice cannot be given because of the death of the employer.
However, the employee is entitled to a compensatory period of notice.
The duration of the notice depends on the employee's seniority with the employer.
It is calculated on the day of the death of the individual employer.
Employee's length of continuous service with the same employer | Notice in the event of dismissal |
|---|---|
Less than 6 months | 1 week |
From 6 months to less than 2 years | 1 month |
2 years and older | 2 months |
Yes, the employee shall receive the following allowances:
- Compensation equal to the compensation for notice
- Allowance calculated in the same way as severance pay
- Compensatory leave with pay.
The employee also receives the last salary due on the day of death.
Please note
Where recourse is had to the CesuCesu : Universal Service Employment CheckHowever, if the leave is paid monthly, it does not give rise to compensatory allowance.
One entitled or, in the absence of a person entitled to a third party, must provide the employee with the following documents:
- Work Certificate
- Attestation France Travail (formerly Pôle emploi)
- Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for balance of any account, he has 6 months after the date of signature to contest it.
These documents shall be submitted within 30 months calendar days from the date of death.
Termination procedures can be carried out on the Internet. It varies according to the activity of the employee.
General case
A service allows to carry out online the steps related to the termination of the employment contract:
Childcare
A service enables the following steps to be taken on the Internet in connection with the termination of the employment contract:
CSD
No, the death of the individual employer is not a case which allows the early termination of the CSDCSD : Fixed-term contract : this is not a case of force majeure.
If the CDD is terminated in advance, the employee is entitled to damages.
The amount of damages shall be at least equal to the following 2 amounts:
- Wages that the employee would have received until the end of his contract
- And termination indemnity calculated until termination of contract originally planned.
The employee may no longer work because of the death of the individual employer, but must be remunerated until the end of its CDD.
In some cases, the employee may continue to work if he or she has been hired by a couple of individual employers.
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The employee agrees to continue working with the survivor of the couple
Where the employment contract provides that the employee is hired by a couple of private employers, the survivor of the couple can continue working relationship with employee if he's okay with it. One agreeable the contract of employment may confirm that agreement.
The survivor of the couple shall ensure that they are registered as an individual employer with theUrssafUrssaf : Union for the recovery of social security contributions and family allowances. If necessary, it shall make the necessary corrections to that body.
The employee does not agree to continue working with the survivor of the couple
The survivor of the couple cannot continue to employ the employee. However, it must pay him until the end of his term.
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The employee agrees to continue working with the survivor of the couple
Where the employment contract provides that the employee is hired by a couple of private employers, the survivor of the couple can continue working relationship with employee if he's okay with it. One agreeable the contract of employment may confirm that agreement.
The survivor of the couple shall ensure that they are registered as an individual employer with theUrssafUrssaf : Union for the recovery of social security contributions and family allowances. If necessary, it shall make the necessary corrections to that body.
The employee does not agree to continue working with the survivor of the couple
The survivor of the couple cannot continue to employ the employee. However, it must pay him until the end of his term.
Yes, one entitled or, in the absence of a person entitled, a third party (notary, for example), informs the employee of the date of death of the individual employer as soon as possible, in writing.
The employee shall receive the following amounts:
The employee also receives the last salary due on the day of death.
Please note
Where recourse is had to the CesuCesu : Universal Service Employment CheckHowever, if the leave is paid monthly, it does not give rise to compensatory allowance.
One entitled or, in the absence of a person entitled to a third party, must provide the employee with the following documents:
- Work Certificate
- Attestation France Travail (formerly Pôle emploi)
- Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for balance of any account, he has 6 months after the date of signature to contest it.
These documents shall be submitted within 30 months calendar days from the date of death.
Termination procedures can be carried out on the Internet. It varies according to the activity of the employee.
General case
A service allows to carry out online the steps related to the termination of the employment contract:
Childcare
A service enables the following steps to be taken on the Internet in connection with the termination of the employment contract:
Who can help me?
Find who can answer your questions in your region
To find out about the employee-employer relationship (no answer on the rules relating to the Cesu)
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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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To find out if you are an individual employer using the Cesu or an employee declared with the Cesu device
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Death of the employer (Articles 62, 161-4-1 and 162)
Early termination of fixed-term employment contract
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