A falsely sick employee, who goes to work for another during his sick leave, is only disloyal if this other boss is a competitor of his usual employer.
In addition, the Court of Cassation recalled, even if the usual boss ensured the maintenance of the salary by paying supplements to the social security allowances, he cannot complain of suffering damage.
No activity
Therefore, the conditions do not exist to pronounce a dismissal for serious misconduct, which is allowed during a period of suspension of the contract due to illness. Neither the absence of the worker based on a lie, nor the additional wages paid during this absence without compensation for the work are a detriment to him, according to the Court, as long as the clandestine employer is not a competitor.
In February 2020, the Court of Cassation had already recalled that the obligations of a worker on sick leave to his employer and to social security should not be confused.
Faced with social security, the disease prohibits any activity, be it work, domestic, sports, voluntary or leisure, and this even during authorized departure hours. In order to receive daily allowances, the worker detained due to illness or accident may not carry out any activity that is not expressly authorized by the doctor.
Source: BFM TV
