Unfitness: the reclassification obligation does not apply to apprentices

French Supreme Court, 9 May 2019, n°18-10618

Although the “Professional Future Act” No. 2018-771 of 5 September 2018 clearly excludes the application of the redeployment obligation to apprentices declared unfit by the labour physician, the question remained open with regard to contracts concluded before 1 January 2019, when the Act came into force.

In a decision of 9 May 2019, the French Supreme Court answered this question by deciding that, in the event of the unfitness of an apprentice declared by the labour physician, the employer is neither required either to redeploy the apprentice nor to resume payment of salary at the end of the one-month period following the last medical examination.

Thus, the rules applicable to the redeployment of the apprentice declared unfit are unified, regardless of the date on which the apprenticeship contract is concluded.