Termination of employment for medical reasons: procedure and conditions

When an employer wishes to terminate an employment contract on the grounds of medical force majeure due to the employee's permanent incapacity to carry out his work, he must follow a strict procedure. This procedure establishes whether the incapacity is indeed permanent and whether the contract can be terminated without notice or compensation.

Prerequisites

To initiate this procedure, two conditions must be met:

the employee must have been unable to work for at least nine months;

No reintegration journey must be underway for this worker.

The nine-month period is only interrupted by an actual return to work, unless a new incapacity occurs within 14 days of the return.

The four stages of the procedure

1. Notification by the employer

The employer must send a registered letter to the employee and the prevention consultant/occupational physician (CP-MT), informing them of its intention to assess the employee's permanent incapacity.
This notification shall specify :

- the employee's right to request an examination of the possibilities of adapted work ;

The possibility of being assisted by the union delegation.

On receipt, the CP-MT will invite the employee to a medical examination, which must take place no earlier than 10 days after notification.

2. Medical examination and analysis of the situation

The CP-MT assesses whether the incapacity is definitive, if necessary consulting the attending physician and the mutual insurer's medical advisor (with the employee's agreement).
The employee may ask to be considered for suitable work or another position within the company.

3. CP-MT decision and communication

If permanent disability is confirmed, the CP-MT :

- records this conclusion in the employee's health file;

Inform the employer and the employee by registered letter, within a maximum period of three months.

It specifies the employee's right of appeal and the possibilities for adapted work.

If the employee requests adapted work, the employer must examine the possibilities and provide a reasoned report explaining whether or not it is possible to arrange it.

4. Recognition of medical force majeure.

The contract can only be terminated after definitive confirmation of incapacity and completion of the procedure. There are three ways of terminating the contract:

- the employee does not request a modified workstation;

- the employer justifies the impossibility of suitable work ;

An adaptation plan is proposed, but refused by the employee.

If the incapacity is not recognised as definitive, the procedure stops without effect.

Other options: contractual termination and notice period.

The employer may always choose to terminate the contract by means of conventional redundancy, subject to observance of the notice period or payment of severance pay. However, illness cannot be used as a reason for dismissal. The reasons must relate to the employee's fitness to work or to the operation of the company.

Conclusion

Recognition of force majeure on medical grounds allows the employee to be dismissed without compensation, but this must follow a rigorous procedure lasting at least three months. In the absence of such recognition, the employer must comply with the standard rules on dismissal and notice periods.