D6a17 - May the employment contract come to an end automatically following prolonged sickness?

An employee’s employment contract comes to an end automatically on the day of the exhaustion of his entitlement to the pecuniary sickness allowance granted to him in accordance with the provisions of the Social Security Code, that is to say after 78 weeks of incapacity for work during a reference period of 104 weeks.

All periods of incapacity for work on account of sickness, occupational disease or accident at work must be recorded within the reference period.

The termination is automatic, in so far as it is imposed both on the employer and on the employee and does not require dismissal with notice.

Nota Bene

The employment contract ceases to exist without the intervention of either the employer or of the employee.

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