Where the employee holds a fixed-term contract, the provisions of the second and last paragraphs of article L. 1226-12 and articles L. 1226-14 to L. 1226-16, relating to the conditions for dismissal of an employee who has suffered an accident at work or an occupational disease, do not apply.
If the employer can prove that it is unable to offer a job, under the conditions provided for in articles L. 1226-10 and L. 1226-11, to an employee who has been declared unfit and holds such a contract, or if the employee refuses a job offered under these conditions, or if the opinion of the occupational physician expressly states that any continuation of the employee’s employment would be seriously detrimental to his health or that the employee’s state of health prevents any redeployment in the job, the employer is entitled to terminate the contract.
The provisions of articles L. 1226-10 and L. 1226-11 also apply to employees on fixed-term contracts.
The termination of the contract entitles the employee to an indemnity which may not be less than twice the amount of the indemnity provided for in article L. 1234-9. This termination indemnity is paid in the same way as the precariousness indemnity provided for in article L. 1243-8.