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The French Justice has considered "occupational accident" to suffer a cardiac arrest while having sex during a business trip against the arguments of the company that defended that the death occurred after working hours and in an adulterous relationship.
The events date back to February 2013, when Xavier went to a hotel in the town of Meug-sur-Loire, in northwestern France, along with a woman he had met recently, after spending the night together the man died of a heart attack, reports the British newspaper The Times .
Xavier, an engineer at the railway infrastructure electrification company TSO, was with the woman in a hotel other than the one the company reserved for him during his business trip. That earned the companies to argue that the events occurred after their hours of work and that, in addition, they were not related to the performance of the same before the Court of Appeal of Paris to avoid taking responsibility for the death.
The lawyer of the French company also argued that the technician had maintained an adulterous relationship. "He had knowingly interrupted his business trip for a reason dictated by a personal interest, independent of his employment" when he carried out an "adulterous relationship with a complete stranger."
An argument with which he tried to detach himself from his death because it was not "attributable to his work but attributable to the sexual act he maintained with a complete stranger ."
The Paris Court of Appeal ruled that the employee's death was attributable to an accident in the workplace because it occurs during the performance of the same . Work in this context refers to the actual work time in the usual workplace or when the employee is on a business trip for his employer, as can be seen from the social security code, article L411-1 of the law French
"In this particular case, the work time dedicated to the business trip covers the night that the employer has to be away from home, " a spokesman for the French court told Euronews .
"During the entire period of the business trip, it remains under the authority of the employer until it shows that it has interrupted an activity that cannot be considered part of everyday life."
In this case, the judges point out that having sex can be considered "part of everyday life . "
The Court of Appeal ruled that even if the accident occurred outside the room reserved by the TSO company for the employee, that did not put it outside the sphere of the employer's authority.
The French justice has ruled that the victim's family receives 80% of the deceased's monthly salary from the company, until the day their retirement had arrived .
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