Le lien vers cette page a été envoyé avec succès aux destinataires.
Reclassification for physical incapacity of a contractor
Verified 03 November 2023 - Legal and Administrative Information Directorate (Prime Minister)
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
The person from whom you come: parent, grandparent, great-grandparent,...
If you are unable to return to your job as a result of a work stoppage, you may be reclassified to a new job appropriate to your state of health. If your reclassification is not possible, you are dismissed for physical incapacity. We present this procedure.
What applies to you ?
State Civil Service (FPE)
At the end of a work stoppage for health reasons, if it is medically established by a medical practitioner that you are permanently unfit to return to the job you held before your stoppage of work, you can request to be reclassified to another job suitable for your state of health.
The reclassification for physical incapacity may take place at the end of a sick leave, of serious illness accident at work or leave for work-related illness.
You may be reclassified for physical incapacity whether you are in DTA: titleContent or CSD: titleContent.
If you are on a fixed-term contract, your request for reclassification must be made before the end of your contract. Your reclassification does not result in your continuing in employment beyond the expected termination date of your contract.
In order to be eligible for reclassification on grounds of physical incapacity, you must have been recruited on a permanent job, that is to say, you must not have been recruited to cope with a temporary or seasonal increase in activity or on a permanent project contract.
When your permanent incapacity is established, your employer's administration will call you in for an interview prior to dismissal for physical incapacity.
But the dismissal cannot be pronounced only if your reclassification is not possible.
The procedure is as follows.
Pre-Dismissal Interview
Your employer administration invites you to an interview prior to dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.
This letter tells you the purpose of the interview.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You may be accompanied by the person(s) of your choice.
During the interview, your administration informs you that you can apply for reclassification.
The request for reclassification must be made in writing within a specified period which your administration will inform you of.
During the interview, your administration will tell you the conditions under which the reclassification offers will be presented to you.
FYI
You have the right to ask for your medical and personal records. Your administration must inform you of this right.
Consultation of the Joint Consultative Commission
The Joint Consultative Commission (JCC) shall be consulted on the draft dismissal decision concerning you.
Your employer's administration shall inform the Joint Consultative Commission of any reasons which might prevent your reclassification.
Notification of dismissal and request for reclassification
After consulting the CCP, your administration will notify you of your dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.
This letter states the reason for your dismissal and the date on which it must take place.
The date of your dismissal shall take into account your remaining annual leave and a period of notice depending on your length of service.
The notice is a period that your administration must respect between the date of notification of your dismissal and the date of termination of your contract.
The notice period is as follows:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
To determine the length of the notice period applicable to you, your seniority is counted until the date the letter of termination is sent.
It is calculated taking into account all your contracts, even if interrupted, if the interruption did not exceed 4 months.
The following holidays are taken into account in the calculation of your seniority:
- Annual leave
- Leave for union training
- Health and safety training leave if you are a staff representative on the Social Committee
- Training leave for youth leaders and youth workers
- Citizenship Leave
- Representation leave
- Vocational training leave
- Period of professionalization
- Leave for validation of experience
- Skills Check Leave
- Maternity or adoption leave
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Accident at work Leave for taking or occupational disease
- Sick leave
- Parental Leave
- Unpaid leave to travel overseas or abroad for the adoption of one or more children
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
- Parental leave
- Caregiver leave
- Leave for family reasons
- Leave for personal reasons
- Leave to create or resume a company
Other leave shall not result in the loss of seniority acquired before it was granted.
The date of submission the registered letter of dismissal shall set the point of departure of the notice.
The letter of termination invites you to submit a written request for reclassification, within half the period of notice.
It indicates the conditions under which the reclassification offers will be sent to you.
Warning
If you do not apply for reclassification or if you do not apply within the required period, you are dismissed.
You may waive your notice at any time.
You are reclassified, within the same administration, to a job in the same hierarchical category (A, B or C) as your previous job. If this is not possible, you can be reclassified, with your agreement, on a lower level job.
The job offered is adapted to your health condition and compatible with your professional skills.
Employment proposals shall take into account medical recommendations.
Reclassification offers shall be written and precise.
If no reclassification offer is offered before the end of your notice, you are placed on unpaid leave for a maximum of 3 months pending reclassification.
A certificate of suspension of your employment contract due to the administration is issued.
Your placement on unpaid leave suspends the effective date of your dismissal.
At any time during your 3-month unpaid leave, you may waive your request for reclassification. You are then fired.
If you are unable to be reclassified during the 3-month unpaid leave, you are dismissed.
If you refuse a job offer, you are fired.
Territorial (FPT)
At the end of a work stoppage for health reasons, if it is medically established by a medical practitioner that you are permanently unfit to return to the job you held before your stoppage of work, you can request to be reclassified to another job suitable for your state of health.
The reclassification for physical incapacity may take place at the end of a sick leave, of serious illness accident at work or leave for work-related illness.
You may be reclassified for physical incapacity whether you are in DTA: titleContent or CSD: titleContent.
If you are on a fixed-term contract, your request for reclassification must be made before the end of your contract and your reclassification does not have the effect of keeping you on post beyond the scheduled end date of your contract.
In order to be eligible for reclassification on grounds of physical incapacity, you must have been recruited on a permanent job, that is to say, you must not have been recruited to cope with a temporary or seasonal increase in activity or on a permanent project contract.
When your permanent incapacity is established, your employer's administration will call you in for an interview prior to dismissal for physical incapacity.
But the dismissal cannot be pronounced only if your reclassification is not possible.
The procedure is as follows.
Pre-Dismissal Interview
Your employer administration invites you to an interview prior to dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.
This letter tells you the purpose of the interview.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You may be accompanied by the person(s) of your choice.
During the interview, your administration informs you that you can apply for reclassification.
The request for reclassification must be made in writing within a specified period which your administration will inform you of.
During the interview, your administration will tell you the conditions under which the reclassification offers will be presented to you.
FYI
You have the right to ask for your medical and personal records. Your administration must inform you of this right.
Consultation of the Joint Consultative Commission
The Joint Consultative Commission (JCC) shall be consulted on the draft dismissal decision concerning you.
The territorial authority shall inform the Joint Consultative Commission of any grounds preventing your reclassification.
Notification of dismissal and request for reclassification
After consulting the CCP, your administration will notify you of your dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.
This letter states the reason for your dismissal and the date on which it must take place.
The date of your dismissal shall take into account your remaining annual leave and a period of notice depending on your length of service.
The notice is a period that your administration must respect between the date of notification of your dismissal and the date of termination of your contract.
The notice period is as follows:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
6 months or more and less than 2 years | 1 month |
From 2 years | 2 months |
To determine the length of the notice period applicable to you, your seniority is counted until the date the letter of termination is sent.
It is calculated taking into account all your contracts, even if interrupted, if the interruption did not exceed 4 months.
The following holidays are taken into account in the calculation of your seniority:
- Annual leave
- Training leave for youth leaders and youth workers
- Leave for union training
- Vocational training leave
- Representation leave
- Maternity or adoption leave
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Sick leave
- Sick leave
- Parental Leave
- Unpaid leave to travel overseas or abroad for the adoption of one or more children
- Parental leave
- Family Solidarity Leave
- Caregiver leave
- Leave to raise a child under the age of 12
- Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
- Leave for certain family events
- Leave for personal reasons
- Leave to create or resume a company
Other leave shall not result in the loss of seniority acquired before it was granted.
The date of submission the registered letter of dismissal shall set the point of departure of the notice.
The letter of termination invites you to submit a written request for reclassification, within half the period of notice.
It indicates the conditions under which the reclassification offers will be sent to you.
Warning
If you do not apply for reclassification or if you do not apply within the required period, you are dismissed.
You may waive your notice at any time.
You are reclassified, within the same community, into a job with the same hierarchical category (A, B or C) as your previous job. If this is not possible, you can be reclassified, with your agreement, on a lower level job.
The job offered is adapted to your health condition and compatible with your professional skills.
Employment proposals shall take into account medical recommendations.
Reclassification offers shall be written and precise.
If no reclassification offer is offered before the end of your notice, you are placed on unpaid leave for a maximum of 3 months pending reclassification.
A certificate of suspension of your employment contract due to the administration is issued.
Your placement on unpaid leave suspends the effective date of your dismissal.
At any time during your 3-month unpaid leave, you may waive your request for reclassification. You are then fired.
If you are unable to be reclassified during the 3-month unpaid leave, you are dismissed.
If you refuse a job offer, you are fired.
Hospital (FPH)
At the end of a work stoppage for health reasons, if it is medically established by a medical practitioner that you are permanently unfit to return to the job you held before your stoppage of work, you can request to be reclassified to another job suitable for your state of health.
The reclassification for physical incapacity may take place at the end of a sick leave, of serious illness accident at work or leave for work-related illness.
You may be reclassified for physical incapacity whether you are in DTA: titleContent or CSD: titleContent.
If you are on a fixed-term contract, your request for reclassification must be made before the end of your contract and your reclassification does not have the effect of keeping you on post beyond the scheduled end date of your contract.
In order to be eligible for reclassification on grounds of physical incapacity, you must have been recruited on a permanent job, that is to say, you must not have been recruited to cope with a temporary or seasonal increase in activity or on a permanent project contract.
When your permanent incapacity is established, your employer's administration will call you in for an interview prior to dismissal for physical incapacity.
But the dismissal cannot be pronounced only if your reclassification is not possible.
The procedure is as follows.
Pre-Dismissal Interview
Your employer administration invites you to an interview prior to dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.
This letter tells you the purpose of the interview.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You may be accompanied by the person(s) of your choice.
During the interview, your administration informs you that you can apply for reclassification.
The request for reclassification must be made in writing within a specified period which your administration will inform you of.
During the interview, your administration will tell you the conditions under which the reclassification offers will be presented to you.
FYI
You have the right to ask for your medical and personal records. Your administration must inform you of this right.
Consultation of the Joint Consultative Commission
The Joint Consultative Commission (JCC) shall be consulted on the draft dismissal decision concerning you.
Your employer's administration shall inform the Joint Consultative Commission of any reasons which might prevent your reclassification.
Notification of dismissal and request for reclassification
After consulting the CCP, your administration will notify you of your dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.
This letter states the reason for your dismissal and the date on which it must take place.
The date of your dismissal shall take into account your remaining annual leave and a period of notice depending on your length of service.
The notice is a period that your administration must respect between the date of notification of your dismissal and the date of termination of your contract.
The notice period is as follows:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
To determine the length of the notice period applicable to you, your seniority is counted until the date the letter of termination is sent.
It is calculated taking into account all your contracts, even if interrupted, if the interruption did not exceed 4 months and if it is not due to a resignation on your part.
The following holidays are taken into account in the calculation of your seniority:
- Annual leave
- Leave for union training
- Health and safety training leave if you are a staff representative on the Social Committee
- Citizenship Leave
- Vocational training leave
- Representation leave
- Training leave for youth leaders and youth workers
- Leave for validation of experience
- Skills Check Leave
- Period of professionalization
- Maternity or adoption leave
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Sick leave
- Sick leave
- Parental Leave
- Unpaid leave to travel overseas or abroad for the adoption of one or more children
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
- Parental leave
- Caregiver leave
- Leave for family reasons
- Leave for personal reasons
- Leave to create or resume a company
Other leave shall not result in the loss of seniority acquired before it was granted.
The date of submission of the registered letter of dismissal shall be the starting point of the notice.
The letter of termination invites you to submit a written request for reclassification, within half the period of notice.
It indicates the conditions under which the reclassification offers will be sent to you.
Warning
If you do not apply for reclassification or if you do not apply within the required period, you are dismissed.
You may waive your notice at any time.
You are reclassified, within the same institution, on a job of the same hierarchical category (A, B or C) as your previous job. If this is not possible, you can be reclassified, with your agreement, to a lower-level job.
The job offered is adapted to your health condition and compatible with your professional skills.
Employment proposals shall take into account medical recommendations.
Reclassification offers shall be written and precise.
If no reclassification offer is offered before the end of your notice, you are placed on unpaid leave for a maximum of 3 months pending reclassification.
A certificate of suspension of your employment contract due to the administration is issued.
Your placement on unpaid leave suspends the effective date of your dismissal.
At any time during your 3-month unpaid leave, you may waive your request for reclassification. You are then fired.
If you are unable to be reclassified during the 3-month unpaid leave, you are dismissed.
If you refuse a job offer, you are fired.
Articles 1-2 (IV - last paragraph), 17
Articles 13, 39-5 (last paragraph)
Articles 17-1, 17-2