Internal professional redeployment applies to workers who are incapable of performing their previous job due to health reasons, disability or bodily wear and tear but who are not eligible for the disability scheme. The purpose of redeployment is to ease the worker's professional reintegration within the company after a period of incapacity for work. Employees may be redeployed to another position or another work arrangement suited to their residual capacity.
Who is concerned
Internal professional redeployment may be taken by employees who are still covered by their employment contract.
Cross-border workers are treated in the same way as resident workers in the context of a professional redeployment measure.
How to proceed
The internal redeployment is granted by the joint committee (Comité mixte).
- You must report to your employer immediately to return to work.
- You are entitled to a work place or work regime adapted to your residual capacities.
- The reduction in your working time will be made on the advice of the competent occupational physician and may not exceed half of the working time laid down in your employment contract; exceptionally, the Joint Committee may grant a 75% reduction.
- The statement of suitability for the new position by the competent occupational physician is considered as proof that the employer has carried out the professional redeployment.
Attention: The financial sickness allowance resulting from an activity carried out before the incapacity to perform the last work will automatically end on the day on which the Joint Committee's decision on internal redeployment was notified!
Protection against dismissal
Except in the case of serious misconduct, workers 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.
Thus in the event of dismissal during this period, the salaried worker has 15 days to ask the labour tribunal to nullify the dismissal and order their reintegration or retention.
Periodic medical reassessment by the occupational health practitioner
Workers on internal professional deployment may be reassessed by the competent occupational health practitioner at least every two years.
- When the occupational health practitioner ascertains that the reduction of working hours is no longer medically justified, either in part or in full, the case is referred to the joint committee, which will determine the working time. This decision takes effect after a 6-month notice period following its notification.
- If the occupational health practitioner finds that the worker has recovered the capacity for work needed to perform tasks similar to those corresponding to their last position before the decision to internally redeploy them, the case is referred to the joint committee, which decides to revokes the status and, if applicable, to stop paying the compensatory benefit. This decision takes effect after a 6-month notice period following its notification.
Important: Workers who fail to present themselves for the medical reassessment risk losing the status of a worker on professional redeployment and the related cash benefits by decision of the joint committee. Such a decision takes effect on the date on which it is notified.