Section 3: Accident at work or occupational disease

Where an employee who has suffered an accident or contracted an occupational disease has a fixed-term employment contract, the employer may only terminate the contract during the periods in which the contract is suspended if he can prove that the employee is guilty of serious misconduct or force majeure.

Periods during which the employment contract is suspended as a result of an accident at work or occupational illness do not prevent the fixed-term employment contract from expiring. However, where the contract includes a renewal clause, the employer may only refuse to renew the contract during the periods of suspension if he can prove a real and serious reason unrelated to the accident or illness. Failing this, the employer shall…

Where the employee holds a fixed-term contract, the provisions of the second and last paragraphs of article L. 1226-12 and articles L. 1226-14 to L. 1226-16, relating to the conditions for dismissal of an employee who has suffered an accident at work or an occupational disease, do not apply. If the employer can prove that it is unable to offer a job, under the conditions provided for in articles L….

If the employee is not declared unfit at the end of the suspension periods, the termination of the fixed-term employment contract by the employer in breach of the provisions of article L. 1226-8 entitles the employee to compensation corresponding to the loss suffered. This compensation may not be less than the amount of salary and benefits that the employee would have received until the end of the current period of…

In the event of safeguard, receivership or compulsory liquidation proceedings, the provisions relating to employee claims mentioned in Articles L. 3253-15, L. 3253-19 to L. 3253-21 are applicable to the payment of the indemnities provided for in Articles L. 1226-20 and L. 1226-21.