Clarification of the arrangements for employers to provide medical care for employees with several employers

Following the Health Act, which came into force in 2022, employees working in identical jobs with several employers must be subject to shared monitoring of their health status. The details of this follow-up for employers have just been clarified in a decree of June 30, 2023, the provisions of which entered into force on July 2, 2023.

Which employees are involved?

The shared monitoring of health status applies to employees who cumulatively:

• simultaneously perform at least 2 employment contracts (whether fixed-term or indefinite);
• have jobs of the same socio-occupational category according to the classification of occupations and socio-occupational categories of salaried jobs of private and public employers ;
• have the same type of individual health monitoring for the different positions they occupy in their jobs (standard individual monitoring, adapted individual monitoring or reinforced individual monitoring).

Who is in charge of this shared monitoring?

The joint monitoring of the health status of the employee with several employers is carried out by the inter-company occupational health and prevention service (SPSTI) of the main employer.

The main employer is the one with which the employee has the longest-standing contractual relationship. In order to be able to determine that principal employer, an employer may ask his employee to inform him of the conclusion of other employment contracts with one or more other employers during the term of his contract, in order to inform, where appropriate, his prevention and occupational health service.

The SPSTI of the main employer must inform the employee that he is responsible for the shared monitoring of his health status. It must also inform other employers and their PTSDs.

When the employee concerned is subject to a shared health monitoring, his other employers must join the SPSTI of the main employer in respect of that employee. The latter may not oppose the accession of these other employers.

Follow-up information

Follow-up certificate or suitability assessment issued by the healthcare professional

The employee concerned and each of his employers receive the follow-up certificate (in the case of information and prevention visit) or the suitability statement (in the case of a medical examination for suitability for employment) issued by the health-care professional by any means giving them a certain date.

If the documents in question provide for alterations of position, notices of incapacity or different notices, they shall be issued for each post occupied by the worker with each of his employers.

Resumption visit initiative

When a return to work visit in the case of an employee whose medical care is shared, this must be requested:

• by the principal employer, if the visit is the result of maternity leave, an absence of at least 60 days due to sickness or non-occupational accident, or an absence due to occupational disease;
• accident at work by the employer who has declared an employee's absence, if the visit follows an absence of at least 30 days in that capacity.

Collection of the contribution

The Order requires that the MITS of the principal employer recover the annual contribution from each employer, divided equally among the employers.

In order to determine here the amount of the contribution to be allocated, the SPSTI is based on the number of employees with several employers and occupying identical jobs formed on 31 January of the current year of which it is aware.

The SPSTI may therefore ask its member companies to forward to it, before 28 February of each year, the list of nominative workers performing at least two contracts of employment simultaneously, as at 31 January of the current year.