French Labour Law

Work-Related Unfitness in France: The Employer's Redeployment Obligation

DAIRIA Law · 2026-09-15 · 7 min

Work-Related Unfitness: The Employer’s Redeployment Obligation

When one of your employees is declared unfit (“inaptitude”) following a workplace accident (“accident du travail”) or an occupational illness (“maladie professionnelle”), you must look for a redeployment position suited to their capabilities, taking into account the conclusions and recommendations of the occupational physician (“médecin du travail”) (Article L.1226-10 of the French Labour Code). This reinforced best-efforts obligation applies to your company before any termination of the contract: it determines the validity of the dismissal for unfitness and shields you from liability in the event of litigation before the labour court (“conseil de prud’hommes”).

This guide sets out the exact scope of your search, the burden of proof that rests on you, the cases of exemption, and the financial consequences specific to unfitness of occupational origin.

The Trigger: The Finding of Unfitness and the Starting Point of Your Obligations

Your redeployment obligation only arises from the date of the unfitness opinion duly issued by the occupational physician, following the medical examination provided for by the Labour Code, where applicable supplemented by a second one. As long as the employee is merely on sick leave, no redeployment steps are owed.

The occupational origin of the unfitness — workplace accident or occupational illness — triggers the application of the reinforced protective rules of Articles L.1226-10 et seq. In practice, you must verify:

  • that the unfitness is indeed linked, at least partially, to a recognised workplace accident or occupational illness;
  • that the employer is aware of this occupational origin at the time of the opinion.

Case law holds that the protective regime applies as soon as a link exists between the unfitness and the accident or occupational illness, even if other causes coexist. In the event of doubt as to the classification, DAIRIA Law secures your analysis before any procedure is initiated.

You must offer another job appropriate to the employee’s capabilities, as comparable as possible to the job previously held, if necessary through measures such as transfers, workstation adjustments, adaptations or modifications of existing positions, or adjustment of working time (Article L.1226-10 of the French Labour Code).

A Scope Extended to the Group

Where your company belongs to a group, the search extends to the group’s companies located within the national territory whose organisation, activities or place of operation allow for the interchangeability of all or part of the workforce. You must approach these companies and keep a written record of these requests and of the responses obtained.

Mandatory Consultation of the Works Council (CSE)

In matters of occupational unfitness, consultation of the Social and Economic Committee (“Comité social et économique”, or CSE) on redeployment options is a substantial formality. It must take place after the unfitness opinion and before any redeployment proposals are made to the employee. Its absence or irregularity exposes your company to specific compensation (at least six months’ salary under Article L.1226-15 of the French Labour Code).

Compliance with Medical Recommendations

The occupational physician’s indications — restrictions, residual capabilities, fitness for an adapted position — constitute the mandatory framework of your search. You may, and where appropriate must, request written clarifications from the physician in order to identify compatible positions.

The Burden of Proof: Document Every Step

In the event of a dispute, it is up to you, the employer, to demonstrate that you seriously and in good faith sought a redeployment. A dismissal pronounced without an effective search, or based on an insufficiently documented search, will be deemed without real and serious cause (“sans cause réelle et sérieuse”).

Systematically build an evidentiary file including:

  • the unfitness opinion and, where applicable, the exchanges with the occupational physician;
  • the minutes of the CSE consultation;
  • the search letters sent to the other establishments and companies of the group, together with their responses;
  • the written and precise proposals sent to the employee, as well as any refusals;
  • all personnel registers and available positions reviewed.

The redeployment proposal must be sufficiently precise (job title, remuneration, working hours, location). An employee’s refusal of a position consistent with their capabilities and the medical recommendations only releases your company if the proposal was genuine and serious.

Cases of Exemption and Initiation of the Termination

You are exempt from seeking a redeployment where the occupational physician’s opinion expressly states:

  • that any retention of the employee in a job would be seriously detrimental to their health, or
  • that the employee’s state of health precludes any redeployment in a job (Article L.1226-12 of the French Labour Code).

This statement releases your company from the redeployment obligation and from the CSE consultation on this point. However, check the literal presence of one of these wordings: an imprecise drafting of the opinion requires you to conduct the search.

In the absence of a redeployment or an exemption, and if you can neither redeploy the employee nor offer a job, you must initiate the dismissal for unfitness and impossibility of redeployment. Beware of the deadline: upon expiry of a one-month period from the medical examination of unfitness, if the employee has been neither redeployed nor dismissed, you must resume payment of the salary corresponding to the job held before the suspension (Article L.1226-11 of the French Labour Code).

Financial Consequences Specific to the Occupational Origin

Dismissal for unfitness of occupational origin entitles the employee to enhanced compensation payable by your company:

  • a special dismissal indemnity (“indemnité spéciale de licenciement”), equal to twice the statutory indemnity, unless a more favourable collective bargaining provision applies (Article L.1226-14 of the French Labour Code);
  • a compensatory indemnity (“indemnité compensatrice”) equal to the amount of the compensatory indemnity in lieu of notice, since the notice period is not served.

These indemnities apply regardless of length of service, provided the unfitness is of occupational origin. In the event of a breach of your redeployment obligation or a procedural irregularity, the indemnities of Article L.1226-15 (at least six months’ salary) are added. DAIRIA Law quantifies your exposure in advance and assists you in securely drafting each document.

Frequently Asked Questions

Must we consult the CSE even in cases of obvious occupational unfitness?

Yes. Consultation of the CSE on redeployment options is mandatory in matters of unfitness of occupational origin, except where the occupational physician’s opinion expressly states an exemption from redeployment (Article L.1226-12). Outside this case, the absence of consultation constitutes a compensable irregularity.

From when must we resume payment of the salary?

If, one month after the unfitness opinion, the employee has been neither redeployed nor dismissed, you must resume payment of the salary corresponding to the job they held before the suspension of their contract (Article L.1226-11). This period runs from the return-to-work medical examination and requires rigorous management of the timeline.

Must the redeployment search extend to the entire group?

Your search extends to the group’s companies located within the national territory whose organisation, activities or location allow for the interchangeability of all or part of the workforce. You must approach these companies in writing and keep proof of these steps and of the responses, including negative ones.

Does the employee’s refusal of a proposed position release us from all liability?

The refusal only protects you if the proposal was genuine, precise and consistent with the occupational physician’s recommendations and the employee’s capabilities. A vague proposal, or one incompatible with the medical restrictions, is not regarded as a good-faith search and does not remove the risk of a dismissal without real and serious cause.

What should we do if the unfitness opinion does not mention an exemption from redeployment?

In the absence of an express mention of exemption (impossibility of redeployment or serious harm to health), you must conduct the full redeployment search and consult the CSE. It is prudent to request written clarifications from the occupational physician regarding compatible positions before initiating any procedure.

How DAIRIA Law Can Assist You

The occupational unfitness procedure concentrates several substantial formalities — compliance with medical recommendations, CSE consultation, documented search within the group, salary resumption timeline, calculation of enhanced indemnities — the slightest irregularity of which leads to significant awards. DAIRIA Law secures your entire process: analysis of the unfitness opinion, structuring of the redeployment search, drafting of the consultations and termination documents, and defence of your company in the event of litigation before the labour court. Contact us ahead of any decision to strengthen your file and control your financial exposure.

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