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When an employee is declared medically unfit for work in France, the employment relationship often ends with a licenciement pour inaptitude (dismissal for unfitness). The Solde de Tout Compte Licenciement Inaptitude serves as the final settlement statement that must be provided to the employee, detailing all payments owed and formally closing the employment relationship under French labor law.

When do you need this document?

You need this document whenever terminating an employment contract due to medical unfitness. This occurs when the occupational physician (m茅decin du travail) declares an employee unfit for their position, and you cannot provide suitable alternative employment within the company. The document is also required when an employee's medical condition prevents them from returning to work after extended sick leave, regardless of whether the condition is work-related or personal. Additionally, you must use this document when concluding the dismissal process following failed reclassification attempts, ensuring all legal obligations are met before final separation.

Key legal considerations

Several critical legal elements must be carefully addressed in your settlement statement. You must calculate the indemnit茅 l茅gale de licenciement based on the employee's length of service and average salary, which differs from standard dismissal calculations due to the medical context. The indemnit茅 compensatrice de pr茅avis is particularly important as employees declared unfit are exempt from working their notice period but entitled to compensation. You must also account for unused paid leave (cong茅s pay茅s), ensuring accurate calculation based on the acquisition rate. The document must include detailed breakdowns of all salary elements, bonuses, and benefits owed up to the termination date, while clearly referencing the medical opinion that justified the dismissal.

Legal requirements in France

French labor law imposes strict requirements for dismissal settlements under the Code du travail. Article L1226-2 governs medical unfitness procedures, requiring proof of attempted reclassification before dismissal. Your settlement must comply with Article L1234-9 regarding statutory severance calculations, which may be enhanced for medical dismissals. Article L1234-5 mandates payment of notice period compensation even when the employee cannot work due to medical unfitness. The document must be prepared in duplicate, with both employer and employee retaining signed copies, and include a formal statement allowing the employee 15 days to challenge the settlement. You must also ensure simultaneous delivery of the certificat de travail, attestation P么le emploi, and other mandatory end-of-contract documents as required by Article L1237-1.