Question 15743 — personal services

Summary

Mr. Frédéric Falcon alerts the Minister of Labor, Health and Solidarity to the problem encountered by employees under the CESU. In the context of a “Chèque Emploi Service Universel” employment, the employment contract automatically ends in the event of the death of the individual employer. In this scenario, the termination of contract being assimilated to dismissal, the CESU employee is entitled to severance pay and payment of his paid leave. As notice cannot be given due to the death of the employer, the employee benefits from compensation in lieu of notice. Following the termination of the employment contract, severance pay is paid from the estate of the deceased employer, with rather long delays. If the deceased is not solvent or his heirs renounce the inheritance, the CESU employee cannot obtain payment of his compensation as well as his last paycheck. Unlike other employees, a person on a CESU contract cannot claim the salary guarantee scheme (AGS), a fund to which individual employers do not contribute. This difference in treatment weakens employees under CESU contracts who are, moreover, often in more precarious situations than certain employees under other contracts. However, these jobs are of great useful for elderly people with a high probability of being confronted with this situation. He wishes to draw attention to this discriminatory situation for employees on CESU contracts, which contributes to curbing the attractiveness of these difficult jobs which are already difficult to recruit.

Machine translation from French. The official text remains authoritative.

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