Summary
A work stoppage suspends the employment contract
A work stoppage leads to a suspension of the employment contract. The employer is not required to maintain the employee’s remuneration. However, if the employee meets certain criteria, he can receive daily allowances, paid by Social Security, for illness, occupational disease or accident at work. The employer may also pay the employee additional compensation.
What are the direct consequences of a work stoppage?
The employee must refrain from any professional activity, whether for his current employer and even more so for another employer. The Court of Cassation has expressed itself many times on this subject, and the following examples are important to know.
An employee on sick leave is prohibited from engaging in any remunerated activity
An employee was dismissed because he had carried out a remunerated activity as a waiter, for 3 months, while he was off work. The latter challenged his dismissal with the Labor Court, which took a position in favor of the employer, as did the Court of Appeal. The Court of Cassation, for its part, considered that the dismissal was justified, since the employee had breached his obligation of loyalty to his employer. (Court of Cassation 12/01/2005 judgment 02-46002)
An employee on sick leave is prohibited from engaging in any professional activity
Such was the case of an employee on sick leave who was repairing a vehicle on his own behalf, while calling on a mechanic from the company. In the present case, the employee did not have an employment contract but exercised a professional activity. The dismissal of this employee was justified by the Court of Cassation, judging that the employee had breached his obligation of loyalty to his employer and thus constituted serious misconduct. (Court of Cassation 21/10/2003 judgment 01-43943)
An employee on sick leave is prohibited from carrying out a sporting activity
A case, judged very recently, concerned an employee on sick leave. His attending physician had authorized free outings. The employee then took part in a sports competition. Activity not permitted according to the judges of the Court of Cassation, unless the employee on leave is expressly authorized by his doctor. (Court of Cassation 09/12/2010 judgment 09-14-575)
Consequences of a non-respected work stoppage
The CPAM (Primary Health Insurance Fund) may at any time stop paying an employee on sick leave the daily social security allowances, if it notices that the latter is failing in his obligations or does not respect the working hours. mandatory presence at home.
What activities are tolerated for an employee on sick leave?
As we indicated above, the Court of Cassation has very regularly ruled on the exercise of activities during a work stoppage, and has thus granted certain permissions.
An employee on sick leave has the right to participate in an examination
The Court of Cassation considered that an employee who takes part in examination tests during his work stoppage should not be deprived of the benefit of daily allowances from Social Security, provided that he has registered for the examination before the start of his work stoppage. (Court of Cassation 2/07/1996 judgment 93-43529)
An employee on sick leave can have a temporary voluntary activity, unrelated to the company
The Court of Cassation considered that an employee can help a member of his family or a friend on a voluntary basis. This decision was taken in March 2000, when an employee on sick leave had been dismissed for helping his son-in-law at a flea market. (Court of cassation, social chamber March 21, 2000 n° 97-44370)
Our tips:
Caution should be exercised during a work stoppage. Don’t forget that the hours of compulsory presence at home are in the morning from 9 a.m. to 11 a.m. and in the afternoon from 2 p.m. to 4 p.m. In order to avoid exposing yourself to any sanction or any conflict with your employer, it remains more prudent to abstain from any activity during your work stoppage. If in doubt, contact your doctor or your primary health insurance fund.