Article L1226-4-2 of the French Labour Code
November 8, 2023
The provisions of Article L. 1226-4 also apply to employees on fixed-term employment contracts.
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.
Any employee suffering from a serious illness within the meaning of 3° and 4° of Article L. 160-14 of the Social Security Code is entitled to leave of absence to undergo the medical treatment made necessary by his state of health.
The provisions of this section do not apply to the relationship between an employer and his employee who is the victim of an accident at work or an occupational disease which occurred or was contracted in the service of another employer.
The employment contract of an employee who is the victim of an accident at work, other than a commuting accident, or of an occupational disease is suspended for the duration of the period of sick leave caused by the accident or disease. The employment contract is also suspended during the waiting period and for the duration of the rehabilitation, re-education or vocational training course that the person concerned must follow,…
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
