In order to help the most fragile populations, like job seekers of at least 45 years old or employees with reduced capacity and disabled employees, ADEM may propose under certain conditions, to conclude a contract of vocational reintegration with an employer.
This contract, which alternates between practical training and theoretical training, aims at enabling jobseekers to show their skills and abilities to employers, as well as to acquire new skills.
Persons concerned
The ADEM, the jobseeker and the employer conclude the contract for vocational reintegration.
Following job seekers can sign this type of contract:
- aged at least 45 years or
- being in an external vocational redeployement measure or
- having the status of a employee with disability.
Employers wishing to use a vocational reintegration contract must be able and willing to offer a real job prospect at the end of the contract.
Preconditions
The jobseeker must be registered with the National Employment Agency (ADEM) for at least one month before being able to sign a contract for vocational reintegration.
Practical arrangements
Contract length
The contract for professional reintegration is concluded for a period of 12 months.
If the contract includes a professional internship, the duration of this internship is taken into account in the calculation of the 12 months.
The employer or the jobseeker who wishes to terminate the vocational reintegration contract before its deadline must send a reasoned written request to ADEM and have obtained the prior agreement of ADEM to terminate the contract.
Conclusion of contract
Employers wishing to enter into such a contract with a jobseeker can contact the Employers Department at ADEM and declare their vacant position.
The jobseeker cannot refuse, without just cause or excuse (example of a valid reason: the contract does not meet the criteria of the appropriate job), to conclude a vocational reintegration contract proposed by ADEM.
The employer appoints a tutor, who will be responsible for assisting and supervising the jobseeker throughout the vocational reintegration contract. Within one month of the conclusion of the contract, the company, the tutor and the jobseeker draw up a training plan, a copy of which must be sent to ADEM.
During the term of the contract, the jobseeker is entitled to 2 days of vacation per month.
In the event of a change occurring during the professional reintegration contract, the employer is obliged to inform ADEM.
If the job seeker is required to work at night, work overtime or work on public holidays and Sundays, they are subject to the applicable legal rules.
Payment of compensation
A jobseeker, who does not receive an unemployment benefit, receives an allowance equal to the minimum wage for unskilled workers.
Persons receiving an unemployment benefit, a waiting allowance, an occupational allowance or an income for severely disabled persons will retain the benefit of the amount of such income and moreover, will receive an allowance of EUR 365,45 per month ( Index 877,01) paid by ADEM.
In the event that the unemployment benefit, standby pay (indemnité d'attente), professional standby pay (indemnité professionnelle d'attente), occupational benefit or income for severely disabled persons is lower than the minimum social wage for unskilled employees, the job seeker receives a benefit equal to the minimum social wage for unskilled employees, as well as the allowance of 365,45 euros per month (index 877,01) paid by ADEM.
For the payment of the allowance, the employer will send each month to ADEM an attendance sheet.
The employer may also pay a bonus of merit to the job seeker if he/she wishes. This bonus is part of the allowance of the job seeker and is therefore taxable as such.
End of the contract
The employer informs in writing the ADEM about possibilities of insertion of the job seeker in the company.
Hiring of a jobseeker
If the jobseeker is hired at the end of the vocational reintegration contract, the duration of the re-employment contract and, if applicable, the professionalisation internship counts as a probationary period.
Decision not to employ a jobseeker
If the jobseeker has not been retained for hiring, the employer will provide ADEM with a document indicating the skills acquired during the professional reintegration contract, as well as any deficiencies found.
The employer who subsequently recruits staff is obliged to hire the former beneficiary of a professional reintegration contract on condition that he/she meets the required qualifications and profile and that the contract has expired during the 3 months preceding the recruitment.
The employer must then notify the jobseeker in good time. The job seeker has 8 days to answer.