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Economic redundancy: rehire priority

Verified 29 November 2021 - Legal and Administrative Information Directorate (Prime Minister)

The re-employment priority allows an employee who has been dismissed for economic reasons to be given priority in the event of a position available in the company, provided that he or she so requests. This priority is valid for a limited period of time. Failure by the employer to comply with the conditions of the priority for re-employment shall result in a right to compensation.

Re-employment priority applies if positions matching the employee's qualifications are available.

It is granted to the dismissed employee who applies to the employer.

Employee benefits from this priority during 1 Year from the date of termination of his employment contract.

This duration may be longer if job safeguard plan (PSE) or treaty provisions foresee it.

The employer must indicate in the employee's letter of termination for economic reasons that the employee is given a priority for rehiring.

The letter also specifies the conditions for implementation (deadline for informing the employer of his wish to benefit from it, right to refuse priority).

If the employee wishes to receive the priority of re-employment, he must notify the employer within one year of the date of termination of his employment contract.

No formal requirements are imposed on the employee to notify the employer. The application may be made spontaneously or in response to a request from the employer, provided it is explicit.

For reasons of proof in case of dispute, it is preferable to be able to justify the date of the request (sending by registered letter with acknowledgement of receipt, for example).

If the employee wishes to be rehired

The employer must inform the employee of all jobs that have become available and compatible with his or her qualification.

This can be a CDI: titleContent or CDD: titleContent.

If the employee obtains a new qualification, the employer shall propose to him the positions available and compatible with this new qualification, provided that the employee informs the employer.

The employer shall inform staff representatives of the positions available.

If he doesn't

The employer is not obliged to inform the employee of the positions available in the company.

However, if treaty provisions the employer must respect them.

If the employee is not reinstated in the company and has applied for re-employment, he or she is entitled to compensation.

This allowance may not be less than 1 month pay.