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Reclassification Leave

Verified 01 mai 2022 - Legal and Administrative Information Directorate (Prime Minister)

Where a company of at least 1,000 employees is considering a dismissal for economic reasons, it shall offer each employee concerned a reclassification leave. This leave is of variable duration. The purpose of the programme is to enable the employee to benefit from training activities and the assistance of a support unit for the job search.

Retraining leave shall be offered to any employee of a company or establishment of at least 1,000 employees who is threatened with redundancy on economic grounds.

The employer is not obliged to offer reclassification leave if the company is in reorganisation.

Prior Information

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

This information shall be made:

  • Either during the employee's prior maintenance, when the termination concerns less than 10 employees over a period of 30 days
  • At the last meeting of the Social and Economic Committee, where the redundancy concerns at least 10 employees over a period of 30 days

Leave Proposal

The employer must offer the employee reclassification leave in the termination letter.

Employee has a time limit of 8 calendar daysfrom notification letter of termination, to answer.

Failure to respond within this time limit is tantamount to a refusal by the employee.

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

  Please note : if the employer does not propose such leave, the employee may to the council of prud'homme for compensation.

Assessment and guidance interview

When the employee accepts the benefit of the reclassification leave, an assessment and orientation interview is carried out by the accompanying cell.

The purpose of this interview is to determine the employee's occupational reclassification project and its implementation.

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

Employee has a time limit of 8 calendar days, from the date of submission, 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 notifies the employee of the end of the reclassification leave by registered letter with acknowledgement of receipt.

Employee assistance during leave

The employee shall be assisted by a support unit for job search and training measures to promote professional reclassification.

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

The employee must follow the actions defined in the document he signed. He participates in the activities organised by the support cell.

If the employee fails to meet his or her obligations, the employer may terminate the reclassification leave.

Suspension of leave

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

The employee shall sign, for each period of work, one CDD renewable 1 time, or a temporary employment contract.

Leave shall resume at the end of each working period.

The employer may provide for a deferral of the scheduled term of leave.

This deferral shall be within the limits of the working periods during the leave.

In case of re-hiring during reclassification leave

If the employee returns to a job while on leave, he or she must inform his or her employer prior to hiring, by letter with acknowledgement of receipt, of the effective date of the new job.

The employer shall, after consultation with the staff representatives, determine the duration of the reclassification leave. This period is between 4 and 12 months (or less than 4 months, if the employee agrees). If the employee is undergoing retraining, the length of retraining leave may be increased to 24 months (instead of 12 months).

If the employee is taking a training or VAE action, the duration of the reclassification leave may not be less than the duration of those actions, within the 12-month limit.

The reclassification leave shall be taken during the notice period, which the employee shall not perform. If the duration of the reclassification leave exceeds the duration of the notice period, the notice period shall be postponed until the end of the leave.

From 1 July 2021

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

If the length of the leave exceeds the notice, the employee shall receive a monthly allowance during that period. Its amount shall be at least equal to 65% of the average gross remuneration for the last 12 months before notice of termination.

Allocation cannot be less than €1,398.75either 85% of Smic.

If the employee has worked part-time during parental leave for education or paternity or close caregiver during the last 12 months before the start of the reclassification leave, his or her remuneration shall be calculated on the basis of a full-time period.

The allowance is exempt from contributions and social contributions. However, it is subject to social (to the CSG at a 6,20% and the CRDS at 0.5%).

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

Before 1 July 2021

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

If the length of the leave exceeds the notice, the employee shall receive a monthly allowance during that period. Its amount shall be at least equal to 65% of the average gross remuneration for the last 12 months before notice of termination.

Allocation cannot be less than €1,398.75either 85% of Smic.

The allowance is exempt from contributions and social contributions. However, it is subject to social (to the CSG at a 6,20% and the CRDS at 0.5%).

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