Updated and simplified medical examination in France
By Michael Skaarup, LMBE Avocats
Labour law in France is currently marked by a positive wave of new reforms aimed at simplifying and generally making both the individual contractual relation and the collective dialogue with staff representatives or trade unions easier.
Through new legislation passed on 26 December 2016, a new set of rules in relation to medicals conducted for potential employees, periodic medical visits and the specific process of declaring an employee as unfit for work have entered into force.
Since 1 January, the compulsory medical examination which usually occurred a few days after the hire date has now been now replaced with an information and prevention visit. This is conducted within a maximum period of three months from the hiring date, although not necessarily by an occupational health doctor, intern or nurse. This will simplify the hiring process, leaving more time to arrange the medical examination. It is likely to be scheduled after the trial period has been confirmed, assuming that this is no longer than two or three months. During the course of the working relationship, the general period between medical examinations will be at least every five years compared with every two years under the previous law, unless otherwise specified for individual employees.
In addition, the procedure to ascertain whether an employee is unfit for work has also been amended and simplified for employees on sick leave for at least 30 days due to illness or accident, whether this happened in the workplace or elsewhere. The doublemedical examination procedure has been abolished in favour of exchange and dialogue between the respective parties.
At the same time, the redeployment and dismissal procedures in case of an employee’s inability to work have been simplified.
Michael SkaarupLMBE Avocats, Paris, France
T: +33 1 43 12 80 80
LMBE is an independent French law firm founded in 2005 by partners from highly regarded major law firms in Paris. Today, bringing together more than 30 lawyers, including 16 partners, involved in all the strategic areas of business law, the expertise of LMBE is centred on advice for businesses on litigation, arbitration and mediation. LMBE is strongly focused on international matters.
Michael provides legal advice and litigation support in labour law (holding a certificate of specialisation from the Paris Bar in “Labour Law and Social Security and Social Protection Law”) as well as in corporate matters. He specialises in providing personalised advice to foreign companies which conduct business in France. Michael’s Danish background allows him to specifically assist Nordic clients with their projects and legal needs concerning their French operations. Michael heads the firm’s Danish desk.
Published: Spring 2017 l Photo: Hanna - Fotolia.com