Calculating Severance Pay for the Dismissal of a Disabled Worker on Grounds of Unfitness in France
Calculating severance pay when dismissing a disabled worker on grounds of unfitness (“inaptitude”) follows specific rules and requires particular attention to ensure your company’s legal compliance. Severance pay is generally calculated on the basis of gross remuneration, but certain nuances apply in cases of unfitness, notably those linked to a disabled worker status.
1. The basis for calculating severance pay
To calculate severance pay, it is essential to take into account the employee’s contractual remuneration, i.e. the reference gross salary. The law specifies that the amount of the indemnity is calculated on the basis of the base remuneration, meaning that additional items such as bonuses or allowances are not included in this calculation base. This is set out in Article L.1234-9 of the French Labour Code, which defines the methods for calculating severance indemnities.
2. Specific conditions for disabled workers
2.1. Taking unfitness into account
Where an employee is declared unfit (“inapte”) following a medical examination, the company must also comply with specific obligations. In the event of a dismissal for unfitness, the severance pay may be adjusted depending on the various circumstances — for example, if the employee has been on sick leave or has benefited from particular workplace adjustments in connection with their disability. Such situations may affect the calculation base.
2.2. Recognition of disabled worker status
The recognition of disabled worker status (“reconnaissance de la qualité de travailleur handicapé”, RQTH) is essential, as it may entitle the employee to additional protection with regard to dismissal. It is advisable to check whether case law specifies particular calculation methods when dismissing an employee who benefits from this recognition. The courts have established that severance pay must take into account the particularities of the employee’s employment contract as well as any workstation adjustments.
3. Points requiring particular attention when calculating
When you calculate severance pay, several points require particular attention:
- Checking contractual provisions: Ensure that the employee’s employment contract clearly specifies the gross remuneration. For part-time employees, this must be prorated according to the working time actually performed.
- Excluding bonuses and allowances: Variable pay elements such as performance bonuses or other allowances must be excluded from the calculation base, unless the applicable collective bargaining agreement provides otherwise.
- Notice period: Take into account the applicable notice period, which often affects the total amount of the severance pay, particularly where the notice is not worked due to recognised unfitness.
4. Procedure in the event of a dispute
In the event of a dispute concerning the calculation of severance pay for unfitness, your company must be able to justify the calculation base applied. This includes consulting the internal rules (“règlement intérieur”), the applicable collective bargaining agreement, or company-level agreements. Full transparency regarding the calculation can help limit the risk of litigation.
5. Conclusion
Calculating severance pay for the dismissal of a disabled worker on grounds of unfitness requires compliance with precise rules in order to meet legal requirements. If you have any doubts about the procedure or the calculation, it is advisable to call on professionals or a specialised law firm, such as DAIRIA Avocats, which can support you in securing payroll and the obligations linked to employing disabled workers.
Frequently asked questions
What is the minimum amount of severance pay for unfitness?
The minimum amount of severance pay must comply with the provisions of the French Labour Code, and may be calculated according to the employee’s length of service within the company.
What indemnity am I required to pay as an employer?
The employer must pay an indemnity that complies with the statutory amounts, but may also be required to pay an additional indemnity depending on the terms of the collective bargaining agreement or the employment contract.
Do absences for sickness affect the calculation?
Absences for sickness may affect the calculation if they impact how the salary is taken into account over a given period.
What specific protections apply to disabled workers?
Disabled workers benefit from additional legal protections, particularly regarding dismissal, which include the requirement of a preliminary meeting (“entretien préalable”) and possibly the implementation of workstation adjustments.
How can the calculation of severance pay be challenged?
A challenge to the calculation must be made in writing and within the time limits provided by the French Labour Code, with the possibility of referring the matter to the competent court if necessary.
Additional questions can be addressed depending on the specific situations of your employees. Sound payroll management helps you prevent disputes and secure your business.
📌 This article is part of the complete guide Payroll Law: The Employer’s Guide.