How to Challenge a French Occupational Physician’s Unfitness Opinion Within 15 Days

The occupational physician (médecin du travail) has just issued an unfitness opinion and you disagree? 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 this deadline has passed, the opinion becomes final and binds everyone, including the judge. Here is how to challenge an unfitness opinion effectively.

What remedy exists against an occupational physician’s unfitness opinion?

The French Labour Code provides a specific remedy before the labour court (conseil de prud’hommes) to challenge medical opinions issued by the occupational health service that are “based on elements of a medical nature”: fitness opinions, unfitness opinions (avis d’inaptitude), and workstation adjustment proposals. This remedy allows the judge to assess whether the opinion is well-founded, where necessary with the assistance of an expert physician (médecin expert) appointed by the court.

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

What is the deadline to challenge an unfitness opinion?

The deadline is 15 days from receipt of the opinion by the party challenging it (and not from the date it was issued by the physician). 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 due diligence (compliance with Article R.4624-42).

The Cour de cassation (French Supreme Court) has confirmed this unambiguously: “once the fifteen-day deadline has passed, 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 to prove the date of receipt of the opinion?

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

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

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

Practical tip for the employer: as soon as the opinion is delivered, have a dated acknowledgement document signed and keep it carefully. This is the document that will serve as proof in the event of a dispute over the starting point of the deadline.

Who may challenge the unfitness opinion?

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

The employee may challenge the opinion if they consider that the unfitness is not justified or that the physician’s recommendations are inappropriate.
The employer may challenge the opinion if they consider that it is too restrictive (e.g., an exemption from the redeployment obligation 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 filed before the labour court (conseil de prud’hommes), often in summary proceedings (référés) (an accelerated procedure). Here are the typical claims to be made:

Appointment of an expert physician to examine the employee and assess whether the opinion is well-founded.
Disclosure to the judge of the medical evidence on which the occupational physician relied (subject to medical confidentiality).
Confirmation or reversal of the unfitness 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 to carry out the procedure in parallel: redeployment search, consultation of the CSE (Social and Economic Committee), and compliance with the D+30 deadline for resuming payment of salary.

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 court proceedings

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 redeployment search (unless there is a valid exemption).
Consult the CSE.
Comply with the D+30 clock — resumption of salary payment is due even where a challenge is pending (Cass. soc., 10 January 2024, no. 22-13.464).

The key question is the timing of the decision to terminate: if the challenge has good prospects of success, it may be prudent to postpone notification of the dismissal until the labour court’s decision, in order to avoid dismissing on the basis of an opinion that could be reversed. In return, the employer will need to anticipate the cost of resuming salary payment at D+30.

What happens depending on the outcome of the challenge?

The opinion is confirmed

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

The opinion is reversed

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

No challenge is brought within 15 days

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

Which errors in the opinion may be challenged?

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

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

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

Operational script: challenging an unfitness opinion in 4 steps

Time-stamp: record both the date the opinion was issued AND the date of receipt (with supporting evidence).
Decide within 10 days: “Do we challenge?” If yes, file with the labour court and prepare the claims (expert, disclosure of evidence, new examination).
Proceed 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

The unfitness opinion (original version).
Proof(s) of receipt (acknowledgement of receipt, signed receipt, time stamp).
Letters and emails exchanged with the occupational health service.
The labour court claim and any order issued.
The expert report and the expert physician’s conclusions.
The logbook of the redeployment search.
The minutes of the CSE.
Redeployment offers and the employee’s responses.
The dismissal letter or redeployment documents.

FAQ — Challenging the unfitness opinion

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

The deadline runs from the day the opinion is received. It is a period of 15 calendar days. The labour court must be seised 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 challenge, the opinion is final. The employee cannot challenge the opinion within the framework of subsequent 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 payment of salary.

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

If there is no proof of a definite date, the 15-day deadline does not start to run. The employer has every interest in securing this proof from the moment of notification in order to avoid a late challenge.

Do you wish to challenge an unfitness 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 bound by a duty of safety (obligation de sécurité) towards its employees, based on Article L.4121-1 of the French Labour Code. It must take the measures necessary to ensure safety and to protect the physical and mental health of workers, including:

Actions to prevent occupational risks and arduous working conditions
Information and training actions
The establishment of an appropriate organisation and resources

These measures are based on the 9 general principles of prevention set out in Article L.4121-2: avoiding risks, assessing those that cannot be avoided, combating risks at source, adapting work to the individual, taking account of the state of technical progress, replacing what is dangerous, planning prevention, giving priority to collective protection measures, and providing 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 major change to working conditions occurs.

Law no. 2021-1018 of 2 August 2021 strengthening occupational health prevention 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 unfitness: procedure and obligations

The employee’s unfitness, established by the occupational physician under 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 unfitness, L.1226-10 for unfitness of occupational origin).

The procedure is as follows:

The occupational physician establishes unfitness after a medical examination and, if necessary, a workstation and working-conditions study
The employer has a one-month period from the unfitness opinion to redeploy the employee or dismiss them
The redeployment search must be loyal and genuine, 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 for unfitness

The Cour de cassation has held that the employer cannot merely invoke the absence of an available position without demonstrating the concrete redeployment steps taken within the company and the group.

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How to Challenge a French Occupational Physician's Unfitness Opinion Within 15 Days