Exemption from redeployment for the unfit employee: the opinion of the occupational physician is sufficient to justify the absence of a search for a new job
In a ruling dated 11 June 2025 (no. 24-15.297), the French Supreme Court reiterated that, when an occupational physician states that retaining an employee in a job would seriously jeopardise their health or that their health prevents them from being redeployed, the employer is exempt from any redeployment search, including within the company’s other establishments.
In principle, when an employee is declared unfit for work, the employer must look for another job within the company or group in France and provide written reasons if this is not possible (Article L.1226-2-1 of the French Labour Code).
However, this obligation does not apply if the occupational physician states that keeping the employee in a job would seriously harm their health or that it is impossible to find another job due to the employee’s state of health.
In this case, an employee employed as a catering agent was dismissed on the grounds of unfitness and impossibility of redeployment. The occupational physician had ticked the two boxes provided for by law, justifying an exemption from redeployment.
The employee challenged this decision, arguing in particular that the employer should have:
- looked for an alternative position in other establishments,
- notified her in writing of the reasons why it was impossible to redeploy her.
The Supreme Court rejected all these arguments. It confirmed that the express mention of the impossibility of maintaining employment or of redeployment in the notice of unfitness:
- exempts the employer from the obligation to look for an alternative position;
- releases the employer from the obligation to provide written information in this respect;
- applies to all of the company’s establishments, without the need to seek a new opinion from the occupational physician.
Key points
If the notice of unfitness contains at least one of the two provisions set out in article L. 1226-2-1 of the French Labour Code, the employer:
- is not obliged to look for a suitable alternative position;
- does not have to provide written reasons for being unable to find a suitable alternative position.
Reference: French Supreme Court – 11 June 2025, no. 24-15.297