How to Challenge a Fitness-for-Work (Inaptitude) Opinion Within 15 Days in France

Has the occupational physician (médecin du travail – company doctor) just issued an inaptitude opinion (avis d’inaptitude – a finding that the employee is unfit for work) that you disagree with? Whether you are the employer or the employee, a specific remedy is available before the labour court (conseil de prud’hommes) — but be careful: the deadline is only 15 days. Once that deadline has passed, the opinion becomes final and binds everyone, including the judge. Here is how to challenge an inaptitude opinion effectively.

What remedy is available against an occupational physician’s inaptitude opinion?

The French Labour Code provides a specific remedy before the labour court (conseil de prud’hommes) to challenge medical opinions of the occupational health service that “are based on matters of a medical nature”: fitness opinions, inaptitude opinions, and proposals for workstation adjustments. This remedy allows the judge to assess the merits of the opinion, if necessary with the assistance of a medical expert (médecin expert) appointed by the court.

This remedy is the only mechanism for challenging the medical classification (fitness/unfitness) and the scope of the recommendations. No other avenue — in particular in the context of later dismissal litigation — allows the validity of the opinion to be challenged once the deadline has expired.

What is the deadline for challenging an inaptitude opinion?

The deadline is 15 days from receipt of the opinion by the party bringing the challenge (not from the date the physician issued it). This deadline has an absolute extinctive effect: after 15 days, the opinion binds the parties and the labour court judge. It is no longer possible to challenge:

The validity of the opinion.
Its wording (including incidental errors such as the job title).
The physician’s diligence (compliance with Article R.4624-42).

The French Supreme Court (Cour de cassation) has confirmed this unambiguously: “after the fifteen-day deadline, the occupational physician’s opinion binds the parties and the judge” (Cass. soc., 7 December 2022, no. 21-23.662; 25 October 2023, no. 22-18.303).

How can the date of receipt of the opinion be proven?

The certain date of notification is crucial, since it triggers the running of the deadline. The following constitute valid proof:

The acknowledgment of receipt of a registered letter (lettre recommandée avec accusé de réception – LRAR).
Hand delivery with a dated and signed acknowledgment (émargement).
A reliable electronic acknowledgment with a time stamp.

Warning: hand delivery without signature or acknowledgment does not trigger the running of the deadline. The Cour de cassation has been very clear on this point (Cass. soc., 2 March 2022, no. 20-21.715). Likewise, a later notification (by simple email or a second letter) does not retroactively cure the absence of a certain date at the time of the first delivery (Cass. soc., 4 December 2024, no. 23-18.128).

Practical tip for employers: as soon as the opinion is delivered, have the recipient sign a dated acknowledgment document and keep it safe. This is the document that will serve as proof if the starting point of the deadline is disputed.

Who may challenge the inaptitude opinion?

The remedy is available to both the employee and the employer, each on their own grounds:

The employee may challenge if they consider that the inaptitude is not justified or that the physician’s recommendations are unsuitable.
The employer may challenge if they consider the opinion too restrictive (for example, where an exemption from redeployment was not granted although it would be justified) or that the restrictions imposed are disproportionate.

How to bring the matter before the labour court?

The claim is brought before the labour court (conseil de prud’hommes), often under the fast-track summary procedure (en la forme des référés). The typical requests to make are as follows:

Appointment of a medical expert to examine the employee and assess the merits of the opinion.
Disclosure to the judge of the medical evidence on which the occupational physician relied (subject to medical confidentiality).
Confirmation or reversal of the inaptitude opinion.
Where appropriate, a request for a new medical examination.

Important point: bringing the matter before the labour court does not suspend the process. The employer must continue running the procedure in parallel: search for redeployment, consultation of the CSE (Comité social et économique – the employee representative body), and compliance with the D+30 deadline for resuming salary payment.

What strategy should be adopted during the challenge?

Challenging the opinion creates a dual-track situation that the employer must manage rigorously:

Track A: the judicial remedy

File the claim within 15 days.
Prepare the medical and factual evidence for the expert.
Await the labour court’s decision.

Track B: the redeployment procedure (in parallel)

Continue the search for redeployment (unless a valid exemption applies).
Consult the CSE.
Comply with the D+30 clock — salary must be resumed even where a remedy has been brought (Cass. soc., 10 January 2024, no. 22-13.464).

The key question is the timing of the decision to terminate: if the remedy has good prospects of success, it may be prudent to postpone notification of the dismissal until the labour court’s decision, so as to avoid dismissing on the basis of an opinion that could be reversed. In return, the cost of resuming salary at D+30 must be anticipated.

What happens depending on the outcome of the remedy?

The opinion is confirmed

The procedure resumes its normal course: the employer continues (or concludes) the search for redeployment and, where appropriate, proceeds with dismissal on grounds of inaptitude and impossibility of redeployment.

The opinion is reversed

The situation changes radically: there is no longer any inaptitude, and therefore no legal basis for a dismissal on grounds of inaptitude. The employer must reinstate the employee in their position (possibly adjusted) or, if a new examination is ordered, await its conclusions.

No remedy brought within 15 days

The opinion becomes final and irrevocable. The employer runs the standard procedure: redeployment → CSE → offers → decision (effective redeployment or dismissal).

Which errors in the opinion can be challenged?

The D+15 remedy covers all medical aspects of the opinion, including:

The inaptitude classification itself.
The scope of the recommendations (restrictions, adjustments).
The existence or absence of an exemption from redeployment.
Clerical errors in the opinion (incorrect job title, questionable wording).

Pitfall to avoid: clerical errors must absolutely be challenged through the D+15 remedy. They can no longer be raised in later dismissal litigation (Cass. soc., 25 October 2023, no. 22-18.303). Do not let the deadline pass on the assumption that the error is “minor”.

Operational script: challenging an inaptitude opinion in 4 steps

Time-stamp: record both the date the opinion was issued AND the date it was received (with supporting evidence).
Decide within 10 days: “Do we challenge?” If so, bring the matter before the labour court and prepare the requests (expert, disclosure of evidence, new examination).
Run in parallel: continue the redeployment search and the CSE sequence, keeping a logbook with supporting evidence.
Synchronise: as soon as the labour court decision is issued, review the course of action — if the opinion is confirmed, continue; if it is reversed, recalibrate.

Documents to keep to secure the file

Inaptitude opinion (original version).
Proof(s) of receipt (acknowledgment of receipt, signed acknowledgment, time stamp).
Letters and emails exchanged with the occupational health service.
Labour court claim and any order issued.
Expert report and conclusions of the medical expert.
Logbook of the redeployment search.
CSE minutes.
Redeployment offers and the employee’s responses.
Dismissal letter or redeployment documents.

FAQ — Challenging an inaptitude opinion

Is the 15-day deadline a “clear” deadline?

The deadline runs from the day the opinion is received. It is a deadline of 15 calendar days. The claim must be brought before the labour court within this period, failing which the opinion becomes definitively binding.

Can the opinion be challenged after a dismissal?

No. If the 15 days have passed without a remedy, the opinion is final. The employee cannot challenge the opinion in the context of later dismissal litigation (Cass. soc., 7 December 2022, no. 21-23.662).

Must the employer continue the procedure during the challenge?

Yes. Bringing the matter before the labour court does not suspend the process. The employer must continue the redeployment search and comply with the D+30 deadline for resuming salary payment.

What should be done if the date of receipt cannot be proven?

If no proof of a certain date exists, the 15-day deadline does not run. The employer has every interest in securing this evidence from the moment of notification to avoid a late challenge.

Do you wish to challenge an inaptitude opinion or secure your procedure? Contact the lawyers at DAIRIA for tailored support.

To go further, consult our complete guide to dismissal.

The employer’s health and safety obligations at work

The employer is subject to a safety obligation towards its employees, based on Article L.4121-1 of the French Labour Code. It must take the necessary measures to ensure the safety and protect the physical and mental health of workers, including:

Measures to prevent occupational risks and arduous working conditions
Information and training measures
The establishment of a suitable organisation and appropriate resources

These measures are based on the 9 general prevention principles set out in Article L.4121-2: avoid risks, assess those that cannot be avoided, combat risks at source, adapt work to the individual, take account of technical developments, replace what is dangerous, plan prevention, give priority to collective protection measures, and give appropriate instructions.

The Single Occupational Risk Assessment Document (Document Unique d’Évaluation des Risques Professionnels – DUERP), provided for in Article R.4121-1, is mandatory in every company from the first employee. It must be updated at least annually in companies with at least 11 employees, and whenever a significant change alters working conditions.

Law no. 2021-1018 of 2 August 2021 strengthening prevention in occupational health broadened the obligations relating to the DUERP, in particular by requiring it to be kept for 40 years and filed electronically. See our employment law page for further details.

Managing inaptitude: procedure and obligations

The employee’s inaptitude, established by the occupational physician in accordance with the procedure provided for in Article L.4624-4 of the French Labour Code, imposes on the employer a redeployment obligation (Article L.1226-2 for non-occupational inaptitude, L.1226-10 for inaptitude of occupational origin).

The procedure unfolds as follows:

The occupational physician establishes inaptitude after a medical examination and, where necessary, a study of the workstation and working conditions
The employer has a one-month period from the inaptitude opinion to redeploy or dismiss the employee
The redeployment search must be genuine and serious, covering all available positions within the company and the group
The CSE must be consulted on the redeployment proposals (Articles L.1226-2 and L.1226-10)
If redeployment is impossible (or if the occupational physician states that any continued employment would be seriously detrimental to the employee’s health), the employer may proceed with dismissal on grounds of inaptitude

The Cour de cassation has held in a ruling that the employer cannot simply invoke the absence of an available position without justifying the concrete redeployment steps taken within the company and the group.

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