Yes, but only under certain conditions! Thus, before dismissing this employee, you must look for a redeployment job adapted to his or her abilities, based on the recommendations made by the occupational physician. It is only if there is no redeployment position available in your company or if your employee refuses redeployment offers that you can dismiss him.
However, the occupational physician’s notice of unfitness may exempt you from looking for a redeployment position for the employee. But be careful, for this to happen, this notice must imperatively contain one of the following two words:
- “any continuation of the employee in a job would be seriously detrimental to his health.”
- “the employee’s state of health prevents any redeployment in a job.”
Finally, you should know that you must consult your social and economic committee (CSE) on the redeployment proposals made to the employee, unless the occupational physician’s opinion of unfitness exempts you from your redeployment obligation.
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