Can an employee be dismissed because his driving license has been revoked?

Verified 27 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, under certain conditions, an employee whose driving license is suspended or revoked may be dismissed. The grounds for dismissal are different if the offense is committed during working time or outside working time. The dismissal may also be decided on the grounds of unfitness for driving. It may be justified if the employee's duties require the regular use of a vehicle.

The employer is considering dismissing the employee

The employer may dismiss the employee if the offense committed during working time results in a suspension or withdrawal of his license.

Depending on the circumstances, it will be a dismissal for fault simple or serious.

Serious misconduct may be recognized, for example, if the withdrawal or suspension of a driver's license is decided as a result of drunk driving during working hours.

Other possibilities for the employer

Following a suspension or withdrawal of an employee's permit, the employer may propose to suspend his employment contract by taking paid leave or unpaid leave, for example.

They may also offer a temporary assignment to another position, or a job in pairs with a licensed employee, for example.

Of treaty provisions may provide for an obligation to seek reclassification (e.g. road transport sector). In this case, the dismissal may be effective only in the absence of any possible reclassification.

Please note

the employer may request an employee who drives a vehicle in the course of his duties must present his license to him to ensure that the license is not suspended or canceled. On the other hand, he cannot ask for the number of points remaining, because this information is personal.

The employer is considering dismissing the employee

When the employee loses his driving license for an offense committed outside working time, dismissal for simple or serious misconduct is not possible.

However, a dismissal on personal grounds Non-disciplinary is possible if the duties performed by the employee involve driving a vehicle.

The employer must state the discomfort caused to the company in its operation and the impossibility for the employee to perform the contract.

For example, in the case of an employee performing the duties of delivery agent, the withdrawal of a driving license for a period of 6 months may constitute a real and serious cause of dismissal.

Other possibilities for the employer

Following a suspension or withdrawal of an employee's permit, the employer may propose to suspend his employment contract by taking paid leave or unpaid leave, for example.

They may also offer a temporary assignment to another position, or a job in pairs with a licensed employee, for example.

Of treaty provisions may provide for an obligation to seek reclassification (e.g. road transport sector). In this case, the dismissal may be effective only in the absence of any possible reclassification.

Please note

concealing the withdrawal of a driver's license from work, while continuing to drive a company car, may be grounds for dismissal for fault.

The employee may be found unfit to drive by the occupational physician or by a doctor approved by the prefect of the department.

Unless exempted by a statement on the notice of unfitness, the employer must seek to reclassify the employee.

The employer can fire him for incapacity in the following cases:

  • Refusal by the employee of the employment proposed by the employer
  • Employer's justification for not being able to offer alternative employment
  • Statement in the opinion of the occupational doctor that continued employment would be seriously detrimental to the health of the employee
  • Statement in the opinion of the occupational doctor that the employee's state of health makes it impossible to reclassify him into a job

Warning  

of treaty provisions may provide for an obligation to seek reclassification (e.g. road transport sector). In this case, the dismissal may be effective only in the absence of any possible reclassification.

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