09 Jun, 2023

Incapacity and compensation

Can an employee who is unfit for work combine his salary with daily social security benefits?

Mr [V] was hired on March 3, 1997 by company [C].
In an opinion dated December 11, 2015, the occupational physician declared him “unfit for all positions”, with immediate danger.
He was dismissed seven months later, on July 12, 2016 for unfitness and impossibility of redeployment.
The employee brought an action before the industrial tribunal contesting the dismissal, claiming various sums in back pay and compensation.
In particular, he requested back pay from January 11, 2016, i.e. for the period starting one month after the notice of unfitness, until his dismissal.
The Court of Appeal upheld his claim, deducting from the back pay the daily social security benefits he had received during the same period.

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