Book II: Employment contracts

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…

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…

The employment contract of an employee who has been declared unfit for work may be suspended to enable him/her to follow a vocational redeployment course.

If, at the end of a period of one month from the date of the medical examination to resume work, the employee declared unfit has not been reclassified within the company or if he has not been dismissed, the employer will pay him, from the expiry of this period, the salary corresponding to the job he held before the suspension of his employment contract. These provisions also apply in the…

In the event of dismissal in the circumstances referred to in Article L. 1226-2-1, the compensation due to the employee in respect of the termination of employment shall be paid either directly by the employer, or by means of the cover it has subscribed to a mutual fund. The management of this fund is entrusted to the association provided for in article L. 3253-14.

The provisions of Article L. 1226-4 also apply to employees on fixed-term employment contracts.

Termination of a fixed-term contract in the event of unfitness entitles the employee to compensation, the amount of which may not be less than that of the compensation 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.