During periods of suspension of their employment contract, employees remain bound by a duty of loyalty to their employer. However, carrying out an activity while on sick leave does not in itself constitute a breach of the duty of loyalty. The situation is different when the activity carried out competes with that of the employer.
In the case in question, an employee on sick leave had offered to carry out a number of jobs for one of his employer’s client companies as a subcontractor.
The employer was informed of this and the employee was dismissed for serious misconduct.
The Court of Cassation ruled that the dismissal for serious misconduct was valid because the employee had breached his duty of loyalty, and this breach made it impossible for him to remain in the company.
Cass. soc.,1 October 2025, no. 24-17.418
