Employment law · French law
Occupational work restrictions: 5 checks before a claim
Informational guide. An independent qualified legal review has not been completed.
A written occupational doctor's proposal based on medical considerations can be challenged before the labour court under its expedited merits procedure. The regulatory time limit is fifteen days from notification. Identify the written document, notification date and disputed elements. This route is separate from an online medical diagnosis and from challenging an employment dismissal.
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Can both employee and employer bring a challenge?
Yes. L4624-7 permits both employee and employer to bring a challenge within its scope. Identify the medical elements of the written document concerned.
Read the references3 free questions at signup. Avoid names and sensitive information.
What you leave withA review pack separating the opinion, notification, requested remedy and medical information to protect.
Start with the practical sectionWhich checks come before challenging restrictions?
This ranking prioritises the risk of losing the remedy, then identification of the written document and disputed elements. It addresses written occupational-health restrictions or proposals during employment, without covering dismissal following an unfitness finding.
Find notification evidence
R4624-45 sets fifteen days from notification. Retain the event proving notification.
Identify the medical document
Keep the full written opinion, proposals, conclusions or indications and its reference.
Identify disputed medical elements
L4624-7 governs this challenge. Disagreement over schedule management alone does not identify its object.
Prepare filing and information
Examine the accelerated merits procedure before the labour court and information to the doctor.
Organise necessary evidence
Separate notification, duties, adjustment requests and exchanges. Reserve health details for appropriate recipients.
References : Code du travail : L4624-7 · Code du travail : R4624-45
Which written medical document falls within the procedure?
L4624-7 concerns medical elements justifying written opinions, proposals, conclusions or indications within its specified scope. Record the exact restriction, such as lifting, hours or adjustments. Do not substitute recollections of a spoken conversation for the text.
References : Code du travail : L4624-7
What should you verify when considering the fifteen days?
R4624-45 provides fifteen days after notification and requires the remedy arrangements and period to appear on the documents. Have the triggering event and counting checked promptly. This guide does not certify a personal final filing day.
| Date or element | Use | Limit |
|---|---|---|
| Document date | Identify the opinion | Not necessarily notification |
| Delivery or received communication | Establish notification | Retain evidence |
| Remedy information | Identify route and period | Check the document’s framework |
References : Code du travail : R4624-45
Which documents can you organise while protecting health information?
Collect writings needed to understand the job and challenge. Avoid copying a diagnosis into a public draft. A file for a professional or court must follow applicable rules on medical data and adversarial proceedings.
- Written opinion or proposals and notification evidence.
- Task description and discussed adjustments.
- Employer exchanges and precise questions for examination.
References : Code du travail : L4624-7 · Code du travail : R4624-45
What does the conflicting restrictions example show?
In the fictional case, two writings appear to set different restrictions. Check which is later, its purpose and notification. An apparent contradiction does not automatically prove a medical error. Prepare clarification questions without exposing health records here.
Fictional example: a written proposal contains two apparently conflicting workplace adjustments. The pack retains the full document and notification evidence, describing the conflict without publishing a diagnosis or calculating a personal deadline.
References : Code du travail : L4624-7
What can the labour court decide?
The employee or employer can apply to the labour court under the accelerated merits procedure. The occupational-health doctor is informed but is not a party. The decision replaces the disputed elements within the legal framework; filing alone should not be assumed to suspend the opinion.
References : Code du travail : L4624-7 · Code du travail : R4624-45
What else should you check?
Can both employee and employer bring a challenge?
Yes. L4624-7 permits both employee and employer to bring a challenge within its scope. Identify the medical elements of the written document concerned.
Is an oral recommendation enough to identify this route?
A spoken exchange does not identify the relevant document and notification. Find the written opinion or indications before determining the procedure.
Does this procedure concern a request for sick leave?
No. A sick-leave request is not automatically a challenge to an occupational-health writing under L4624-7.
Must the occupational doctor be informed?
Yes. L4624-7 requires the doctor to be informed of the challenge, without being a party to the litigation.
Does filing automatically establish that the opinion is suspended?
No. Do not infer automatic suspension from filing. Have the procedural effects and measures during the dispute checked.
Which sources support this page?
Official texts remain in French. The explanations above describe French law. A source check records a reading date; it is not qualified legal review.
- Code du travail : L4624-7Source checked : · Version from 2022-03-31
- Code du travail : R4624-45Source checked : · Version from 2020-01-01
- Service Public : Avis médical au travail :5 contrôles avant le recoursSource checked :