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Redeployment procedure

Persons concerned

The professional redeployment procedure applies to employees who, for health reasons, are no longer able to perform their last job but whose state of health does not entitle them to an invalidity pension.

The professional redeployment procedure aims to facilitate professional reintegration either with the current employer (internal professional redeployment – RPI) or with another employer on the labour market (external professional redeployment – RPE).

The professional redeployment procedure may concern any employee who:

  • is not recognised as invalid; and
  • as a result of illness or infirmity, is unable to perform their last job; and
  • has held their last position for at least 3 years (at the time the Joint Committee is seized) or is in possession of a certificate of fitness for the position of employment, issued at the time of hiring by the competent occupational physician.

By exception to this general case, the professional redeployment procedure may also be initiated:

  • in the event of withdrawal of an invalidity pension granted immediately after a period of salaried employment;
  • in the event of withdrawal of a full pension from the Accident Insurance Association (AAA);
  • where the incapacity to perform the last job is mainly due to the after-effects of a recognised occupational accident or occupational disease by the Accident Insurance Association.

Procedure

Neither the employees concerned nor the employers may directly refer the case to the Joint Committee in order to initiate a professional redeployment procedure!

1. Referral to the Joint Committee

The Joint Committee may only be referred to by:

  • The Social Security Medical Board (CMSS) when it finds that the person concerned is not invalid within the meaning of the law, but is likely to be unable to perform their last job. The Social Security Medical Board, with the agreement of the person concerned, refers the case to the Joint Committee and to the competent occupational physician.

Important: If the employee does not respond to the summons of the competent occupational physician without valid reason, they are considered capable of performing the tasks corresponding to their last job. The Joint Committee then takes a decision of refusal of professional redeployment.

  • The competent occupational physician when they find that the employee under an employment contract is unfit to perform their last job / the related tasks or to maintain the same working regime. The competent occupational physician refers the case to the Joint Committee by transmitting their opinion.

In both cases, the competent occupational physician must issue a reasoned opinion, which they transmit to the Joint Committee.

Important

From the date the Joint Committee is seized and until a decision is taken and notified, the employee concerned benefits from a special protection against dismissal.

Consequently, any dismissal with notice as well as any invitation to a prior interview with a view to such dismissal during this period are considered null and may be challenged before the President of the Labour Court within 15 days.

Please note that the special protection against dismissal does not apply to dismissals with immediate effect for serious misconduct, to the expiry of fixed-term employment contracts, or to the automatic termination of the employment contract.

2. Opinion of the competent occupational physician

In the opinion transmitted to the Joint Committee, the competent occupational physician must comment on:

  • the employee’s residual capacities;
  • a possible reduction in working time (maximum 20% of working time);
  • a possible adaptation or adjustment of the workstation;
  • whether the incapacity for work is temporary or permanent;
  • the interval within which the employee concerned must undergo a medical reassessment.

3. Arrangements for the reduction of working time

In their opinion, the competent occupational physician may, in the event of an internal professional redeployment, propose a reduction in working time which may not exceed 20% of the working time specified in the employment contract at the time of referral.

By way of exception, the employee concerned or their employer may, following the opinion issued by the competent occupational physician, submit a request for a reduction in working time of more than 20% (with a minimum of 10 hours per week), specifying the reasons why such a reduction would be justified.

The request may be submitted either by the employee concerned or by their employer, but in order to be valid, the other party must be informed. The Joint Committee must have proof of this notification.

This request must be submitted as soon as possible before the Joint Committee has taken a decision.

To simplify the procedure, please use the following form: Form – Request for reduction of working time >20% (Pdf, 843 Kb)

Important

In the event of a decision of external professional redeployment, the need for a possible reduction in working time will be assessed by the ADEM physician only in relation to the new workstation envisaged.

4. Processing of cases and decisions

The Joint Committee is a tripartite body established under the Ministry of Labour, Employment and the Social and Solidarity Economy. It is composed of eight members representing the insured persons, employers, the Social Security Medical Board, the ministry responsible for health, the ministry responsible for labour and employment, and ADEM.

The meetings of the Joint Committee are held in principle every 3 weeks. They are not public.

i.    Processing and assessment of the admissibility of the referral

Following receipt of the referral and the opinion of the competent occupational physician, the secretariat of the Joint Committee proceeds to open the case with the Joint Committee and to verify the admissibility of the case of the person concerned. Where appropriate, a letter is sent to the person concerned and to their employer.

Both are invited to complete a questionnaire concerning the employment relationship and to state their position with regard to an internal professional redeployment.

Important: It is important to indicate precisely the working time in hours per week as stated in the employment contract at the time of referral to the Joint Committee!

Employers with at least 25 employees are legally obliged to carry out the internal professional redeployment of their employees. However, the employer may request to be exempted from this obligation in 2 cases:

  • If they provide proof that they employ the legally defined quota of employees with disabilities (employees in professional redeployment are assimilated to the latter for the purpose of calculating the quota) at the time of referral;
  • If the employer can demonstrate that an internal professional redeployment would cause them serious prejudice.

The request for exemption and the related reasoning must, where applicable, be included in the position statement submitted to the Joint Committee. Supporting documents must be provided at the same time.

Employers with fewer than 25 employees are not subject to this legal obligation and may decide whether they wish to carry out an internal professional redeployment.

ii.    Decisions

Based on the elements of the case, the decision of the Joint Committee may consist of:

This decision is notified to the person concerned as well as to their employer (where applicable) within fifteen working days following the date of the meeting of the Joint Committee.

Important

In the event of a decision of refusal of professional redeployment, the employment contract does not automatically end! The employee concerned is advised to continue to comply with the obligations arising from their employment contract. The employer must, as far as possible, assign the employee declared unfit for their job to another workstation. If this is not possible, the employer may dismiss the employee concerned with notice, in compliance with the provisions of the Labour Code relating to dismissal.

The Joint Committee cannot assist you in the event of a dispute with your employer following a refusal of redeployment. In case of problems, you are advised to consult a lawyer or a trade union as soon as possible.

5. Appeals

The decisions of the Joint Committee may be subject to an appeal before the Arbitration Council of Social Security within a period of 40 days from the notification of the decision.

Such an appeal must be made in writing and may be sent by post or filed directly at the address of the Arbitration Council of Social Security.

The appeal must contain, at a minimum, the surname, first name, address and signature of the person lodging the appeal, a reference to the decision being challenged and a summary of the reasons for contesting the decision.

It is also possible to be represented by a lawyer or a trade union, although this is not mandatory. Any representative who is not a lawyer must provide a special written power of attorney, at the latest at the hearing before the judge.

If you require further information on the appeal procedures, please contact the Arbitration Council of Social Security directly.

Important

In the event of an appeal lodged by the employee against the decision of internal professional redeployment, the employment contract is suspended until the day on which the appeal has been finally settled. No salary or unemployment benefits are therefore due during the appeal period!