Professional reclassification (internal or external) is intended for employees who are unable to perform the duties of their last job position, or who are unfit for their last position for reasons of health, infirmity or wear and tear, without however being eligible for the invalidity scheme.
The purpose of reclassification is to facilitate the employee’s professional reintegration. The employee may be reclassified internally or externally to another position or to another work arrangement adapted to their residual capacities.
Request for professional reclassification
Internal or external
Request via the Medical Control of Social Security
The physician of the Medical Control of Social Security initiates the procedure by referring the matter to
- the competent occupational physician,
- the Joint Commission
The physician of the Medical Control of Social Security may directly initiate the reclassification procedure themselves, or refer the employee to the competent occupational physician so that an opinion can be issued on the employee’s ability to hold their last job position.
Request via the Occupational Physician
The occupational physician declares the employee unfit for their last job position during:
- a periodic examination,
- a return-to-work examination after 6 weeks of sick leave,
- an examination at the request of the employer or the employee,
- a referral by the medical control physician.
Who can benefit from professional reclassification?
Persons under an employment contract:
- with more than 3 years of seniority,
- those with less than 3 years of seniority who hold a medical examination form attesting to their fitness for hiring.
If the employee is unable to perform the tasks of their last job position or is unfit for their last job position, the physician contacts the employer to discuss the various possible job adaptations and forwards their opinion to:
- the employee,
- the employer,
- the Joint Commission.
What does the occupational physician’s opinion contain?
- Title of the last job position,
- Date of the pre-employment examination with fitness for this position,
- Occupational physician’s opinion on the remaining restrictions or capacities,
- Whether or not a reduction in working time is necessary,
- Opinion on whether or not the employee is unfit to perform the duties of the last position,
- Whether the conclusion of the opinion is definitive or provisional,
- Frequency of reassessment.
What are the employee’s rights?
When the Joint Commission decides that internal reclassification is impossible and orders external reclassification, the employee holding the status of person undergoing external reclassification is automatically registered as a job seeker with the ADEM.
If the employer refuses to carry out the internal reclassification, the employee may request a decision on external professional reclassification from the Joint Commission. This refusal is examined as part of the Joint Commission’s procedure. The Commission may then be required to rule on external professional reclassification.
In the event of internal reclassification: the employee will be entitled to an amendment to their employment contract with remuneration proportional to the hours worked according to the salary scale of the position held, as well as a medical examination form for the new position.
In the event of a reduction in working time or a loss of income, an employee under an employment contract may submit a request for a compensatory allowance to the ADEM within 6 months from the date the amendment to the employment contract takes effect.
An employee who has not found a job by the end of the statutory period for payment of unemployment benefit, including extension periods, may apply to the ADEM for a professional waiting allowance within 6 months from the end of the unemployment benefit payment, provided they have been found fit for their last position by the competent physician, or have at least 3 years of length of service.
What are the specific features related to the reduction of working time?
The occupational physician may, on the basis of a reasoned opinion, request a reduction in working time of up to 20% of the working time set out in the employment contract prior to the reclassification. The Joint Commission decides on this reduction and may request the opinion of the ADEM physician where it is concerned.
The reduction may be increased to up to 75% of working time, with a minimum of 10 working hours, on the advice of the ADEM physician. This reduction must be requested by the employer or the employee. The requesting party must attach proof that the employee, or the employer, as the case may be, has been duly informed of the request (in the absence of proof of notification, the file is inadmissible).
Any change relating to working time or working arrangements must be the subject of a prior request to the Joint Commission.
What must the employer do?
The employer must have the employee sign an amendment to their employment contract specifying the new working hours.
What must the employee do?
In the event of a reduction in working time, an employee under an employment contract is entitled to compensatory allowance. They must submit a request to the ADEM within 6 months from the date the amendment to the employment contract takes effect.