Compensation indemnity for paid leave: is it due in the event of dismissal for gross negligence?

MIL OSI Translation. Government of the Republic of France statements from English to French – Credits: © ONYXprj – Fotolia.com

The compensatory allowance for paid leave is due to the employee, even dismissed for gross negligence. This is what has been specified by the Court of cassation on march 28, 2018.

An employee had prematurely assaulted the company's manager, causing him a head injury with a total temporary incapacity for work of 15 days. He had been dismissed for gross misconduct and his claim for payment of the compensatory indemnity for paid leave had been rejected.

The Court of Cassation grants his request by reminding that the compensatory indemnity of paid vacation is due in all cases, that the breach of the contract is due to the employee or the fact of the employer.

On 2 March 2016, the Constitutional Council found that the provision of the Labor Code stipulating the absence of compensation for paid leave in the event of dismissal for gross negligence was not in accordance with the Constitution. In fact, employees were treated differently depending on whether the employer was or was not affiliated with a holiday fund that paid this compensation regardless of the reason for the termination of the employment contract.

EDITOR'S NOTE: This article is a translation. Please forgive us should the grammar and / or sentence structure not be perfect.