If the night worker’s state of health, as ascertained by the occupational physician, so requires, he shall be permanently or temporarily transferred to a daytime position corresponding to his qualifications and as comparable as possible to the position previously held.
The employer may not terminate the night worker’s contract of employment on the grounds that he is unfit for the job involving night work, within the meaning of articles L. 3122-1 to L. 3122-5, unless he provides written proof either that he is unable to offer a position under the conditions set out in the first paragraph of this article, or that the employee refuses to accept the position offered under these same conditions.
This article applies without prejudice to articles L. 1226-2 to L. 1226-4-3 and L. 1226-10 to L. 1226-12 applicable to employees declared unfit for their job as well as articles L. 4624-3 and L. 4624-4.