What can an employer do if one of its employees is in custody?

According to case law, the fact that the employee is in custody and therefore unable to fulfil his professional obligations cannot be blamed on his own fault or constitute grounds for dismissal, in view of the presumption of innocence which attaches to the charge alone.

The employer is authorized to suspend the employment contract, and consequently to interrupt the payment of wages. Indeed, it has been decided that the provisional detention of an employee, as long as it is due to a cause unrelated to the execution of the contract, constitutes a legitimate cause for suspension of the employment contract, the execution of which is temporarily impossible.

What can an employer do if one of its employees is imprisoned?

In the event of imprisonment as a result of a final criminal conviction, the employer may terminate the contract, as the continuation of the employment relationship for a long period is impossible.