Employees who are incapable of performing their previous job following a prolonged illness, disability or bodily wear and tear but who are not eligible for disability pension us by the Social Security Medical Board (Contrôle médical de la sécurité sociale – CMSS) may apply for professional redeployment.
In order to benefit from professional redeployment, employees must have worked for at least three years in their last position. If this is not the case, they must hold a certificate of capacity for this position.
Cross-border employees are treated in the same way as workers residing in Luxembourg in the context of professional redeployment.
How to proceed
The status of a person on professional redeployment is granted by the Joint Committee (Commission mixte), which comprises, among others, employee and employer representatives, and representatives from the National Employment Agency (ADEM) and the National Health Directorate (Direction de la Santé).
Referral to the Joint Committee by the Social Security Medical Board (CMSS)
The Social Security Medical Board (Contrôle médical de la sécurité sociale -CMSS) evaluates your situation in order to guide you to the most appropriate care system. If your incapacity for work in the last job is stated, CMSS will refer your case to the Joint Committee and the appropriate occupational health practitioner.
There are three possible scenarios:
- the occupational health practitioner finds an incapacity for work for the last position. The case is referred to the joint committee, which decides on internal or external redeployment;
- the occupational health practitioner finds a capacity for work for the last position and returns the case to the Joint Committee, which then decides to refuse professional redeployment. This decision puts an end to the sickness benefits or to the financial accident insurance allowance beginning on the date when the worker was summoned to the medical examination by the occupational health practitioner.
- or the worker does not report for the medical examination by the occupational health practitioner within the deadline and without valid reason. The occupational health practitioner informs the Joint Committee and the CMSS of that absence. The Joint Committee subsequently decides to refuse professional redeployment. This decision puts an end to the sickness benefits or to the financial accident insurance allowance beginning on the date when the worker was summoned to the medical examination by the occupational health practitioner.
You will be notified of the decision of the Joint Committee by registered letter within 15 working days. You can lodge an appeal before the Social Security Arbitration Council (Conseil arbitral de la sécurité sociale) within 40 days. In the event of an internal redeployment decision, your employment contract will be suspended until the appeal is finally validated.
The Joint Committee can prescribe rehabilitation or conversion measures which will be financed by the Employment Fund. Employees must comply with these measures or risk losing their status by decision of the Joint Committee.
Good to know
Except in the case of serious misconduct, you benefit from special protection against dismissal from when the case is referred to the Joint Committee until the end of the twelfth month after the employer is notified of the decision mandating internal professional redeployment. The protection does not apply if the fixed-term contract expires.
An employer who regularly employs at least 25 employees is obliged to carry out an internal redeployment process.
Terms & Conditions:
- Being under an employment contract at the time of referral to the Joint Commission by the Medical Control of the Social Security, or
- Being in the event of a contract terminated after the 26th week of sickness and benefit from sickness benefits, or
- Being in a situation of withdrawal of your disability pension or your complete pension.
Referral to the Mixed Commission by the occupational physician responsible
The occupational physician responsible will refer the matter to the Joint Committee following the incapacity of an employee with a length of service of at least 10 years. The Joint Committee admits or refuses the internal redeployment (there is no provision made for external redeployment).