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Reclassification Leave

Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Where a company of at least 1 000 employees envisages dismissal on economic grounds, it must offer each employee concerned redeployment leave. This leave shall be of variable duration. Its purpose is to enable the employee to benefit from training measures and the assistance of a unit to accompany job search procedures.

Reclassification leave shall be available to any employee of a company or establishment of at least 1 000 employees who is threatened with dismissal on economic grounds.

The employer is not obliged to offer reclassification leave if the company is in judicial reorganization or liquidation.

Prior information

The employer must inform any employee who may be dismissed on economic grounds of the conditions for implementing the redeployment leave.

This information shall be provided:

  • Or during the employee's prior interview, where the dismissal concerns less than 10 employees over a period of 30 days
  • Either at the last meeting of the Social and Economic Committee (ESC)where the dismissal concerns at least 10 employees over a period of 30 days

Proposal for leave

The employer must propose to the employee the reclassification leave in the dismissal letter.

The employee has a period of 8 calendar days, as from notification the letter of dismissal, to answer.

Failure to reply within this period shall be deemed to be a refusal by the employee.

If the employee accepts the reclassification leave, it starts at the end of the 8-day response period (the employee does not then give notice).

Please note

if the employer does not propose such leave, the employee may to refer the matter to the labor council to get compensation.

Assessment and orientation interview

When the employee accepts the benefit of the redeployment leave, an assessment and orientation interview is carried out by the support unit.

This interview aims to determine the employee's professional reclassification project and its implementation.

At the end of the interview, the support unit provides the employer and the employee with a document specifying the content and duration of the actions necessary to promote reclassification.

The employee has a period of 8 calendar days, as from its presentation, to sign it.

Failure to sign at the end of this period shall be deemed to constitute refusal of leave. In this case, the employer shall notify the employee of the end of the redeployment leave by registered letter with acknowledgement of receipt.

Accompaniment of the employee during the leave

The employee is assisted by a support unit to assist with job search and training measures to promote professional reclassification.

The leave shall start, if necessary, with a skills assessment. The employee may benefit from a validation of experience (VAE). The employer finances all these actions.

The employee must follow the actions set out in the document they have signed. He shall participate in the activities organized by the support unit.

If the employee fails to comply with his obligations, the employer may terminate the redeployment leave.

Suspension of leave

The leave is suspended during each period of work performed by the employee. He may work for any employer (except for an individual).

The employee shall sign, for each period of work, one CSD: titleContent renewable once, i.e. a temporary employment contract.

The leave shall resume at the end of each period of work.

The employer may provide for a postponement of the scheduled period of leave.

This postponement must be within the limits of the duration of the periods of work completed during the leave.

In the event of a new hire during the retraining leave

If the employee finds a job during his leave of absence, he must inform his employer prior to his employment, by letter with acknowledgement of receipt, specifying the date on which his new job will take effect.

The employer, after consulting the staff representatives, shall determine the duration of the redeployment leave. This period is between 4 and 12 months (or less than 4 months, if the employee agrees). If the employee undergoes vocational retraining, the duration of retraining leave may be extended to 24 months (instead of 12 months).

If the employee takes a training or VAE action, the duration of the retraining leave may not be less than the duration of such actions, up to a maximum of 12 months.

Reclassification leave is taken during the notice period, which the employee is exempted from performing. If the duration of the reclassification leave exceeds the duration of the notice, the end of the notice shall be postponed until the end of the leave.

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Since July 1, 2021

During the period of leave corresponding to the period of notice, the employer shall pay the employee's usual remuneration.

If the duration of the leave exceeds the notice period, the employee shall receive a monthly allowance during this period. Its amount shall be at least 65% the average gross remuneration for the last 12 months preceding the notification of dismissal.

Allocation cannot be less than €1,485.12, or 85% of the Smic: titleContent.

If the employee has worked part-time during parental education or paternity or caregiving leave in the last 12 months before the start of the redeployment leave, his remuneration shall be calculated on the basis of full time.

The allowance shall be exempt from social contributions. It shall, however, be subject to social security contributions (to CSG at a rate of 6.20% and CRDS at a rate of 0.5%).

The employer shall submit a monthly bulletin specifying the amount and method of calculating this remuneration.

Before July 1, 2021

During the period of leave corresponding to the period of notice, the employer shall pay the employee's usual remuneration.

If the duration of the leave exceeds the notice period, the employee shall receive a monthly allowance during this period. Its amount shall be at least 65% the average gross remuneration for the last 12 months preceding the notification of dismissal.

Allocation cannot be less than €1,485.12, or 85% of the Smic: titleContent.

The allowance shall be exempt from social contributions. It shall, however, be subject to social security contributions (to CSG at a rate of 6.20% and CRDS at a rate of 0.5%).

The employer shall submit a monthly bulletin specifying the amount and method of calculating this remuneration.