Can the employee's unfitness for a DDC justify breaking his contract?
Verified 31 March 2021 - Legal and Administrative Information Directorate (Prime Minister)
If an employee is found unfit by the occupational physician as a result of an accident or illness, the employer may, in some cases, break his CDD: titleContent early.
Duty to reclassify
Once the unfitness is recognised by the occupational physician, the employer must look for opportunities to reclassify the employee. Thus, it must examine existing positions in the company that could be adapted to the employee's capabilities and offer them to the employee.
However, the employer is exempt from seeking a reclassification position if the notice of incompetence states:
- Keeping a job could seriously damage the health of the employee
- The health of the employee makes it impossible to reclassify in a job
On 1to month following the notice of incompetence of the occupational physician and during which the employer seeks a reclassification solution, the employee shall not be paid.
If, at the end of the one-month period, the employee is not reclassified, the employer may break the CDD: titleContent respecting the dismissal procedure (call for prior interview, send a letter of termination).
The employer must then resume payment of the salary corresponding to the job occupied by the salary before his incapacity, and this until termination.
When CDD: titleContent is broken, the employee is entitled to severance pay. Its amount is at least equal
- to statutory redundancy or the conventional allowance if it is more favourable for the employee
- or double the redundancy pay where the incapacity is of professional origin.
In the case of seniority of less than 1 year, the amount of the allowance shall be calculated in proportion to the period of employment.
The precarious allowance rest due to employee.
- Labour Code: Articles L1243-1 to L1243-4Case authorising early termination of a CDD: Article L1243-1
- Labour Code: Articles L1226-2 to L1226-4-3Reclassification, pay and severance pay (unprofessional incompetence)
- Labour Code: Articles L1226-18 to L1226-22Reclassification, pay and severance pay (unfit for work)
- Employee unfit for work due to occupational diseaseService-Public.fr
- Employee’s unfitness for duty following accident at workService-Public.fr
- Inability to work of an employee after a sick leaveService-Public.fr
- Termination of a Fixed-Term ContractService-Public.fr