Dismissal of an employee on sick leave in the private sector - Absence disturbing the functioning of the company

Verified 12 avril 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • Company disturbance
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There's disturbance the operation of the company if 2 conditions the following are combined:

  • The absence prolonged or absences repeated of the employee results in disorganization
  • There's obligation for the employer of replace the employee definitely

Warning  

Prolonged or repeated absence should not be related to failure of the employer its obligation to safety (e.g. absences related to psychological harassment).

One collective agreement or a company agreement may provide for guarantee of employment prohibiting dismissal on grounds of illness (for example, for 6 months).

A simulator is used to search for the collective agreement with the company's name or number Siret :

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The employer must respect the procedure for dismissal on personal grounds.

In the letter of termination, the employer must provide the justification for disturbance of the operation of the company.

It must also justify the need for permanent replacement the employee absent by a DTA.

If the employee fulfills the conditions, he is entitled to the following allowances:

Please note

If the employee cannot not give notice because he is ill, the notice compensation is not available to him not due.

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