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The occupational physician's monopoly on assessing incapacity

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un deux droit

Published on Jul 13, 2022

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The judgments cited in the video: Soc. 16 September 2009 No. 08-42.212 B To the extent that the opinion then issued by the occupational physician, the only person authorized to establish unfitness for work, may be the subject of an administrative appeal to the labor inspector by both the employer and the employee, in the absence of such an appeal this opinion is binding on the parties. The QPC on technical medical expertise: Civ.2 17 June 2021 No. 21-11.105 Soc. 15 December 2015 No. 14-11.858 B No. 841 The responses provided after the regular observation of unfitness by the physician on the possible possibilities of reclassification may contribute to the employer's justification of the impossibility of fulfilling this obligation. Soc. January 13, 2016 No. 15-20.822 B The question of the conformity of art. L. 1226-2 to the Constitution is not serious insofar as the jurisprudential interpretation of art. L. 1226-2 C. trav. does not exempt the employer, when the occupational physician declares an employee "unfit for any position in the company", from his obligation of redeployment, it does not prevent him from dismissing the employee when he justifies, where applicable after having again requested the occupational physician on the residual skills of the employee and the possibilities of redeployment if necessary by the implementation of measures such as transfers, transformations of work stations or adjustment of working hours, the impossibility in which he finds himself to redeploy the employee ---------------------------------- Join this channel to benefit from exclusive advantages / @undeuxdroit Preview of content reserved for members • Members-only videos Presentation download link =================== ⚠️ Warning ⚠️ This is an educational video ➜ not legal advice ➜ not the promotion of a law firm I do not claim to be right or to hold the truth =================== #incapacity #doctor #work

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