Death of the employee during a contractual breakdown: compensation due to heirs
Publié le 08 juillet 2022 - Directorate for Legal and Administrative Information (Prime Minister)
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The death of an employee in the course of a breach of a contract shall not affect the right of his heirs to claim payment of compensation if the breach of contract has been approved.
This was affirmed by the Court of Cassation in a ruling by the Social Chamber on May 11, 2022.
Accident at work An employee who is in the process of breaking a contract with his employer dies from a His heirs wish the employer to pay them the compensation provided for in the previously signed termination agreement. The employer refuses because it considers that the death of the employee has broken the employment contract.
The Court of Appeal allowed the heirs' claim on the ground that the termination agreement had been approved. It thus gives rise to rights for its heirs despite the fact that a ‘planned date’ has been mentioned for the entry into force of the breach of contract.
The Court of Cassation dismisses the employer's appeal and follows the same reasoning as the Court of Appeal. Thus, the approval of the contract termination agreement makes the claim for contractual termination indemnity part of the employee's assets. The latter having died, his heirs are entitled to claim compensation from the business which employed the employee.
