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Can an employee be dismissed because his driving license has been withdrawn?

Verified 07 août 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, under certain conditions, an employee whose driver's license is suspended or withdrawn may be dismissed. Dismissal may be justified if the employee regularly uses a vehicle in the course of his duties.

Permits required for the performance of the employment contract

The employer may dismiss an employee who has been suspended or revoked from his driving license. This is the case if the suspension or revocation of a license occurred during working time.

In this situation, the employee's duties must necessarily involve the use of a vehicle subject to the possession of a driver's license (VRP, road, delivery driver, ambulance...). And the temporary or permanent loss of the license must constitute an objective disturbance to the proper functioning of the company.

The employer must thus justify that he suffers injury as a result of the suspension or withdrawal of his employee's license.

Dismissal for objective disturbance to the proper functioning of the undertaking shall, if the employee fulfills the conditions for entitlement to it, be entitled to the following allowances:

Depending on the circumstances, the employer may terminate the employment employee for fault (simple or serious). Serious misconduct may be recognized, for example, if a driver's license has been withdrawn or suspended for drunken driving during working hours.

Another possibility: the employer may simply suspend the employment contract of an employee whose license has been withdrawn or suspended (taking leave, training period, etc.), while the employee recovers his driving license.

Of treaty provisions may include a reclassification obligation (e.g. road transport). In this case, the dismissal may be effective only in the absence of a possible reclassification.

If the suspension or withdrawal of a driver's license is due to medical reasons and the employee is deemed unfit to drive by the occupational doctor, the employer must first try to reclassify him. If this is not possible, the employer may dismiss him for incapacity..

  Please note : the employer must ask the employee who is to drive a vehicle in the course of his duties to present his license to the employer ensure that the permit is not suspended or canceled.. However, he cannot ask for the number of points remaining, as this information is personal.

License suspended or withdrawn outside working time

Where the employee has been suspended or withdrawn from his driving license outside the performance of the employment contract, no dismissal for misconduct may be pronounced.