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8821

Question 8821 — work

answeredFrance· National Assembly· FR

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11 November 2018

Summary

Ms. Blandine Brocard draws the attention of the Minister of Labor to the situation of multiple employers of the same employee with regard to medical monitoring obligations. Article R. 4624-14 of the Labor Code amended by Decree No. 2016-1908 of December 27, 2016 provided in its initial wording the possibility of concluding an agreement between employers of the same employee to carry out only one employment medical examination and mentioned the distribution of the burden of medical supervision. Since January 1, 2017, reinforced medical surveillance has been replaced by reinforced individual monitoring and the new wording of article R. 4624-14 ignores this possibility of contractual sharing of the burden. However, we can read on the website of the Ministry of Justice and on service-public.fr: “If the employee is recruited by several employers, a single visit hiring takes place if the employers have concluded an agreement providing for the distribution of the financial burden of medical surveillance of employees or are covered by a sector agreement providing for this distribution. However, when questioned on this point, occupational health services indicate that in the event of an accident at work, employers who have not directly signed up to an occupational health service would not be deemed to have carried out their obligation in terms of compulsory surveillance of employees. In the case, for example, of individual employers who are considering hiring an employee for a few hours per week, the undistributed cost of the hiring visit and medical follow-up may constitute a barrier to employment. She therefore asks him if the burden of medical monitoring of an employee can be contractually distributed between several employers.

Machine translation from French. The official text remains authoritative.

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