When an employee who is the victim of a non-occupational illness or accident is declared unfit by the occupational physician, in application of article L. 4624-4, to return to the job he/she previously held, the employer shall offer him/her another job appropriate to his/her abilities, within the undertaking or undertakings of the group to which it belongs, where applicable, situated on national territory and whose organisation, activities or place of operation ensure the interchange of all or part of the staff.
For the application of this article, the notion of group refers to the group formed by an undertaking called the dominant undertaking and the undertakings it controls under the conditions defined in article L. 233-1, in I and II of article L. 233-3 and in article L. 233-16 of the Commercial Code.
This proposal takes into account, after consultation with the social and economic committee where it exists, the written conclusions of the occupational physician and the indications he provides on the employee’s ability to perform one of the existing tasks in the company. The occupational physician also provides information on the employee’s ability to benefit from training to prepare him/her for a suitable position.
The job offered is as comparable as possible to the job previously held, if necessary by implementing measures such as transfers, adjustments, adaptations or transformations of existing jobs or reorganisation of working hours.