At the end of the suspension periods defined in article L. 1226-7, the employee shall return to his job or to a similar job with at least equivalent remuneration, except in the situations mentioned in article L. 1226-10. The consequences of the accident or occupational disease may not lead to any delay in promotion or advancement within the company.
During periods when the employment contract is suspended, the employer may only terminate the contract if he can prove either that the employee is guilty of serious misconduct or that it is impossible to continue the contract for a reason unrelated to the accident or illness.
The provisions of this sub-section apply in the event of quarantine within the meaning of 2° of I of article L. 3131-1 of the Public Health Code.
When an employee who has suffered an accident at work or has contracted an occupational disease 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 company or the companies in the group to which it belongs, where applicable, located on national territory and whose organisation,…
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…
If the employer is unable to offer the employee another job, it shall inform him/her in writing of the reasons for the refusal to redeploy. 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. 1226-10, or the employee’s refusal of the job offered under these conditions, or the express mention in the…
Any termination of an employment contract in breach of the provisions of Articles L. 1226-9 and L. 1226-18 is null and void.
Termination of the employment contract in the cases provided for in the second paragraph of article L. 1226-12 entitles the employee to compensation equal to the amount of the compensation in lieu of notice provided for in article L. 1234-5 as well as to a special redundancy payment which, in the absence of more favourable contractual provisions, is equal to double the compensation provided for in article L. 1234-9. However,…
Where a dismissal is made in disregard of the provisions relating to the reinstatement of the employee, as provided for inarticle L. 1226-8, the court hearing the case may propose that the employee be reinstated in the company, with his acquired benefits being maintained. The same applies in the event of dismissal decided in disregard of the provisions relating to the redeployment of an employee declared unfit for work, as…
The indemnities provided for in articles L. 1226-14 and L. 1226-15 are calculated on the basis of the average salary that the person concerned would have received over the last three months if he had continued to work in the position he held prior to the suspension of the employment contract caused by the accident at work or occupational disease. For the purposes of calculating these allowances, the notion of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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