Subsection 2: Protection.

Any dismissal of an occupational physician envisaged by the employer is submitted for the opinion of either the social and economic committee, the inter-company social and economic committee or the inter-company service control committee. In jointly administered inter-company services, the proposed dismissal is submitted to the Board of Directors.

An occupational physician may only be dismissed with the authorisation of the Labour Inspector responsible for the Occupational Health and Prevention Department, after obtaining the opinion of the Labour Inspector. However, in the event of serious misconduct, the employer may lay off the employee immediately pending the final decision. If dismissal is refused, the lay-off is cancelled and its effects automatically terminated.

The fixed-term employment contract of an occupational health physician may only be terminated before expiry of the term due to serious misconduct or medical unfitness, or on expiry of the term when the employer does not intend to renew a contract containing a renewal clause, after authorisation from the labour inspector responsible for the occupational health and prevention service, following the opinion of the occupational health inspector, under the conditions…

A fixed-term employment contract may only be terminated once the labour inspector has established that the termination is not related to the performance of the occupational physician’s duties and does not constitute a discriminatory measure. The employer must notify the labour inspector one month before the end of the contract. The labour inspector will take a decision before the contract expires.

The transfer of an occupational health physician included in a partial transfer of a prevention and occupational health service by application of article L. 1224-1 may only take place after authorisation by the labour inspector to whom the prevention and occupational health service belongs, after obtaining the opinion of the occupational health inspector. The labour inspector will ensure that the transfer is not related to the performance of the occupational…

When the competent Minister annuls, on a hierarchical appeal, the decision of the Labour Inspector authorising the dismissal of an occupational physician, the latter has the right, if he so requests within a period of two months from notification of the decision, to be reinstated in his job or in an equivalent job in accordance with the provisions of article L. 2422-1. The same applies when the administrative court has…

When the annulment of an authorisation decision has become final, the company doctor is entitled to payment of compensation corresponding to the entire loss suffered during the period between his dismissal and his reinstatement if he has applied for reinstatement within two months of being notified of the decision. The compensation corresponds to the total loss suffered during the period between dismissal and the expiry of the two-month period if…

Under the conditions of professional independence defined and guaranteed by law, the occupational physician carries out the tasks assigned to him by this code.