Understanding French Requirements

Employers with staff working in France, regardless of the company's registration location, must comply with mandatory medical examinations as per the French Labour Code. This involves registering with a work health service, a specialized private provider accredited by French authorities, to ensure employee fitness for their designated roles.

Work health services not only assess an employee's ability to work but may also inspect the workplace to evaluate overall working conditions, although this is uncommon. These services strictly conduct compulsory medical examinations, and employees cannot refuse participation, even if not explicitly mentioned in their employment contracts.

Scheduling Periodical Examinations

Employers are responsible for scheduling these mandatory medical examinations, aligning with work health service availability and employee schedules. The required examinations include:

   - Initial Examination:

   Conducted before the hiring date or at the latest, before the trial period ends. It's advisable to include a clause in the

   employment contract making employment conditional on passing this medical examination.

   - Periodic Examinations

   Required every 12 to 24 months, depending on the nature of the employee's work.

   - Isolated Examinations:

   Necessary after certain absences to confirm the employee's fitness to return to work. These include:

     1. Maternity leave

     2. Sick leave related to job duties, regardless of duration

     3. Over 8 days of medical leave due to a work-related accident

     4. Three consecutive weeks of medical leave for any reason

     5. Frequent absences for health reasons

These examinations must occur within eight days of the employee’s return to work. Failure to conduct them results in the suspension of the employment contract.

Employers must retain all "certificates of fitness to work" issued by the work health service as proof of compliance. Employees or employers can request additional medical exams as needed.

Additional Obligations and Consequences

Collective bargaining agreements may impose further requirements on employers. Non-compliance with mandatory medical examinations can lead to significant repercussions, including:

   - Legal Liability:

   Employers may be held accountable for undetected health issues or worsened conditions due to missed examinations.

   - Impact on Employment Procedures:

   The absence of compulsory medical examinations can invalidate disciplinary actions or changes in employment status,

   potentially resulting in indemnities or reinstatement of the employee.

Choosing the Right Work Health Service

Selecting an appropriate work health service involves several considerations:

- Proximity: The service should be near the employee's workplace or home if they work remotely.

- Availability: Ensure the service can accept new clients, as many are often overbooked.

- Cost: Consider the service's pricing to find a reasonable option.

By adhering to these guidelines, employers can ensure compliance with French labor laws, maintain a healthy workforce, and avoid legal complications.