an employer must do everything to reclassify an employee declared unfit for his job

This is an extreme case, but the occupational doctor can take this decision: declare the incapacity of an employee for his job. This was the case for an employee, employed as an assistant coordinator of a multidisciplinary team within an occupational health association. Two medical examinations concluded that she was unfit to perform her duties.

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The occupational physician then formulates his observations in writing to the employer, who will have to find a solution. He must make every effort to find a suitable position for his employee, in the company or in the group. A reclassification obligation that he must perform loyally. Which he obviously did not do, because the occupational doctor says that the employee can continue to work, but from a distance. For him, she can occupy an administrative position, without travel, part-time, and telecommute at home with an arrangement of the workstation. Her employer will refuse this solution and dismiss her employee.

Serious warning to employers

The dismissal is contested by the employee and the case will follow a long legal course to reach the Court of Cassation. The employer’s argument is to say: “I cannot put her in telework, since at home, there is no telework that has been set up.” We were in 2016.

An argument that will not hold, because the judges will consider that the dismissal has no real and serious cause and that the employer should indeed place his employee in telework 100% of the time, since the doctor work recommended it and that the missions she performed could be carried out from home. The employer did not faithfully fulfill his obligation to reclassify.

Admittedly, as the AEF agency points out, since then the conditions for setting up telework have been relaxed. But it is nonetheless a serious warning to employers who might be tempted to get rid of an employee declared unfit for his job at little cost.