Where it is impossible for the employer to offer the employee another job, he shall inform him in writing of the reasons preventing him from being redeployed.
The employer may only terminate the employment contract if he can justify either his inability to offer a job under the conditions provided for in article L. 1226-2, or the employee’s refusal of the job offered under these conditions, or the express mention in the occupational physician’s opinion that any continuation of the employee in a job would be seriously detrimental to his health or that the employee’s state of health is an obstacle to any redeployment in a job.
The obligation to redeploy is deemed to have been met when the employer has offered a job, under the conditions set out in article L. 1226-2, taking into account the opinion and indications of the occupational physician.
If the employer decides to make the employee redundant, he shall follow the procedure applicable to redundancy on personal grounds as set out in Chapter II of Title III of this Book.