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

Verified 11 December 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labor

The death of a employee leads to some consequences on the employment contract and on obligations from the employer. We're taking stock of the regulations.

The death of the employee is a case of force majeure. The contract is automatically broken because of the death.

The employer did not no procedure particular to follow.

The obligations of the employer differ depending on whether the death occurs in out work or during working time:

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Deaths outside of work

The employer must:

  • Establish the 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 heirs
  • Update on single register of staff of the company
  • Inform the different social organizations the death of the employee (pension fund, provident scheme for example).

Death during labor

The employer must carry out a declaration of with the health 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 shall inform and convene the Economic and Social Committee (ESC).

It shall also inform thelabor inspector immediately and no later than 12 hours after becoming aware of the accident.

The employer must:

  • Establish the 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 heirs
  • Update on single register of staff of the company
  • Inform the different social organizations the death of the employee (pension fund, provident scheme for example).

The employer must pay to the heirs or to rights holders the amounts vested on the date of death.

These amounts may be as follows:

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

Heirs or assigns may request the early release of rights in the field ofemployee savings (participation in the company's income statement, special reserve or company savings plan, etc.).

FYI  

The employer must pay severance pay if the dismissal has been notified before the death of the employee. It must pay the specific indemnity for a conventional breach whether the conventional break was approved before the death of the employee.

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  • For information on the payment of a death benefit and the declaration of

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