How to Challenge a Medical Unfitness Opinion (avis d’inaptitude) Within 15 Days in France

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 period has passed, the opinion becomes final and binds everyone, including the judge. Here is how to challenge an unfitness opinion effectively.

What remedy is available 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 recommendations for workstation adjustments. This remedy allows the judge to assess the merits of the opinion, if necessary with the assistance of a medical expert appointed by the court.

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

What is the deadline for challenging 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 absolute extinguishing effect: after 15 days, the opinion binds the parties and the labour court judge. It is no longer possible to call into question:

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 French Supreme Court (Cour de cassation) has confirmed this unambiguously: “after the fifteen-day period, 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 running of the deadline. The following constitute valid proof:

The acknowledgement of receipt of a registered letter (LRAR — registered letter with acknowledgement of receipt).
Hand delivery with a dated and signed acknowledgement (émargement).
A reliable electronic acknowledgement with a time stamp.

Caution: hand delivery without a signature or acknowledgement 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). Similarly, 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 employers: as soon as the opinion is delivered, have the recipient sign a dated acknowledgement document and keep it carefully. This document will serve as evidence in the event of a dispute over the starting point of the deadline.

Who may challenge the unfitness opinion?

The remedy is open 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 (for example, an exemption from the reassignment obligation was not granted when it would have been justified) or that the restrictions imposed are disproportionate.

How to refer the matter to the labour court?

The matter is referred to the labour court (conseil de prud’hommes), often through summary proceedings (en la forme des référés) (an expedited procedure). Here are the typical claims to be raised:

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

Important point: referral to the labour court does not have suspensive effect. The employer must continue to carry out the procedure in parallel: reassignment search, consultation of the CSE (social and economic committee), and compliance with the 30-day deadline (D+30) 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 judicial remedy

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

Track B: the reassignment procedure (in parallel)

Continue the reassignment search (unless a valid exemption applies).
Consult the CSE.
Comply with the D+30 counter — the resumption of salary payment is due even in the event of a challenge (Cass. soc., 10 January 2024, no. 22-13.464).

The key question is the timing of the decision to terminate: if the challenge has a good chance of succeeding, it may be prudent to postpone the notification of 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 upheld

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

The opinion is reversed

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

No challenge filed within 15 days

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

Which errors in the opinion can be challenged?

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

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

Pitfall to avoid: material errors must be challenged via 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 pass by telling yourself the error is “minor”.

Operational checklist: challenging an unfitness opinion in 4 steps

Time-stamp: record the date the opinion was issued AND the date it was received (with supporting documents).
Decide within 10 days: “Do we challenge?” If yes, refer the matter to the labour court and prepare the claims (expert, disclosure of elements, new examination).
Proceed in parallel: continue the reassignment process and the CSE sequence, maintaining a logbook with evidence.
Synchronise: as soon as the labour court decision is issued, review the course of action — if the opinion is upheld, continue; if it is reversed, recalibrate.

Documents to keep to secure the file

Unfitness opinion (original version).
Proof(s) of receipt (acknowledgement of receipt, signed acknowledgement, time stamp).
Correspondence and emails exchanged with the occupational health service.
Labour court application and any order issued.
Expert report and conclusions of the medical expert.
Logbook of the reassignment search.
Minutes of the CSE.
Reassignment offers and the employee’s responses.
Dismissal letter or reassignment documents.

FAQ — Challenging an 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 seized 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 will not be able to call the opinion into question in subsequent dismissal litigation (Cass. soc., 7 December 2022, no. 21-23.662).

Must the employer continue the procedure during the challenge?

Yes. Referral to the labour court does not have suspensive effect. The employer must continue the reassignment 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 definite date exists, the 15-day deadline does not 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, see our complete guide to dismissal.

The employer’s obligations regarding health and safety at work

The employer is bound by an obligation of safety 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:

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 giving appropriate instructions.

The Single Occupational Risk Assessment Document (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 has 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

An employee’s unfitness, established by the occupational physician in accordance with the procedure provided for in Article L.4624-4 of the French Labour Code, imposes a reassignment obligation on the employer (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 the unfitness after a medical examination and, if necessary, a study of the workstation and working conditions
The employer has a one-month period from the unfitness opinion to reassign or dismiss the employee
The reassignment search must be genuine and thorough, covering all available positions within the company and the group
The CSE must be consulted on the reassignment proposals (Articles L.1226-2 and L.1226-10)
If reassignment 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 justifying the concrete reassignment steps taken within the company and the group.

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