Accident at work When an employee is on sick leave for a period of at least 30 days, he or she shall be given a return to work examination. This provision applies to both employees and temporary employees. It is the employer's safety obligation.

Accident at work A temporary employee is subjected to a labor strike during the day on which he or she is performing his or her one-day contract. As a result, he was subject to a work stoppage of more than 30 days. He applied to the court for the company which had received him to arrange a medical examination to be taken back on probation.

The Court of Appeal rejected the claims of the temporary worker on the ground that, according to the contract of assignment, the company did not have the status of employer of the temporary worker. Thus, no shortcoming in the organization of a return to work examination could be blamed on the temporary company of work. The temporary employee shall appeal to the Court of Cassation.

The Court of Cassation dismisses the appeal. It holds that the company did not have the status of employer of the employee on the date on which he was again able to work. The company could not therefore be criticized for not having organized a return to work examination.

Thus, the Court applies Article L1251-29 of the Labor Code, according to which the suspension of the employee’s contract of employment does not preclude the expiry of that contract.

The company was therefore under no obligation to organize the return-to-work examination of the temporary worker, as his contract had already ended.