Dismissal of an employee on sick leave in the private sector - Economic difficulties
Verified 20 octobre 2025 - Directorate of Legal and Administrative Information (Prime Minister)
Yes, when the company has economic difficulties (or if it closes definitely), the employer may dismiss a sick employee. The economic reason for the dismissal may be deleting or transformation of employment. It can also be the consequence from denial of the employee of edit an essential element of his proposed employment contract in writing by the employer in the context of the difficulties encountered.
The employer must respect the dismissal procedure for economic motive (convocation, maintenance prior).
When the employer notified to the employee a dismissal for absence disrupting operation of the company during his sick leave, he must pay the employee compensation at the end of the employment contract.
The allowances are paid to the employee if he meets the conditions :
Please note
If the employee cannot not give notice because he is ill, the compensation for notice is not not due. It is due to him if the employer exempts the employee to give notice.
The compensation for notice follows special rules in the event of reclassification leave and accession to the professional security contract (CSP).
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Incapacity due to illness or non-occupational accident
Incapacity due to an illness or occupational disease.
Prohibited grounds for dismissal
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