Does the employee receive compensation in the event of dismissal for physical incapacity?
Verified 11 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)
When the employee is declared unfit by the occupational physician, if he is not reclassified to another job, he can be dismissed. The rules on severance pay differ depending on whether the employee is DTA: titleContent or in FIXED-TERM CONTRACT: titleContent. We're taking stock of the regulations.
DTA
The rules for compensation differ depending on whether the incapacity pronounced by the occupational physician follows a -, to a occupational disease or not.
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Incapacity as a result of non-occupational disease or accident
The employee dismissed as a result of incapacity of non-professional origin, i.e. as a result of illness or accident unprofessional, may receive severance pay.
In order to receive this allowance, the employee must provide at least 8 months of uninterrupted seniority serving 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's no notice. The employee does not perceive compensation for notice.
Treaty provisions may provide for the payment of compensation in lieu of notice.
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The length of notice not given shall be taken into account in determining the calculation of the statutory redundancy allowance.
Example :
An employee is dismissed for incapacity as a result of illness. The employee has 8 years and 3 months of seniority in the company at the time of the notification of his dismissal. The notice period is 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 labor court because of the employer's failure to fulfill its obligations (e.g., failure to seek reclassification).
If the employee fulfills the conditions, he can benefit from the Return to Employment Assistance (RHE)However, there may be deferred compensation and a waiting period.
Incapacity as a result of an occupational disease
The employee dismissed as a result of unfitness of occupational origin, i.e. as a result of - or a occupational disease, shall receive the following allowances:
- Allowance redundancy special. Its amount is at least equal at double of statutory severance pay (except treaty provisions more favorable). It is paid without seniority condition.
- Compensatory allowance of an amount equal to the compensatory notice allowance.
A simulator allows you to search for the collective agreement with the name of the company or its Siret number:
Finding your collective agreement
Please note
In the event of an employee's unreasonable refusal to reclassify, he or she shall receive the statutory severance pay (except treaty provisions more favorable).
The refusal of the reclassification post is abusive when the proposed post is in accordance with the recommendations of the occupational physician and does not result in modification of the employment contract.
If the employee fulfills the conditions, he can benefit from the return-to-work allowance (RTA), but there may be deferred compensation and a waiting period.
FIXED-TERM CONTRACT
The rules are different depending on whether the incapacity pronounced by the occupational physician follows a -, to a occupational disease or not.
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Incapacity as a result of non-occupational disease or accident
An employee whose fixed-term contract is terminated before its end as a result of incapacity of non-professional origin, i.e. as a result of illness or accident unprofessional, may receive the following allowances:
- Termination indemnity of an amount at least equal to statutory severance pay (except treaty provisions more favorable). It is paid without any length of service.
- Precariousness allowance : 10% total gross remuneration unless the reason for the fixed-term contract (seasonal, assisted contract, etc.) does not provide for it.
A simulator allows you to search for the collective agreement with the name of the company or its Siret number:
Finding your collective agreement
If the employee fulfills the conditions, he can benefit from the Return to Employment Assistance (RHE)However, there may be deferred compensation and a waiting period.
Incapacity as a result of an occupational disease
The employee whose fixed-term contract is terminated before its end following a unfit for work, i.e. as a result of - or a occupational disease, may receive the following allowances:
- Termination indemnity of an amount at least equal to double of statutory severance pay (except treaty provisions more favorable). It is paid without any length of service.
- Precariousness allowance : 10% total gross remuneration unless the reason for the fixed-term contract (seasonal, assisted contract, etc.) does not provide for it.
A simulator allows you to search for the collective agreement with the name of the company or its Siret number:
Finding your collective agreement
If the employee fulfills the conditions, he can benefit from the Return to Employment Assistance (RHE)However, there may be deferred compensation and a waiting period.
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Unfit of non-occupational origin
General principles
Compensation and sanctions
Termination indemnity Fixed-term contract for incapacity of professional origin
Termination indemnity
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