Professional reclassification: what are your rights?

professional redeployment
Contents

Article reviewed and approved by Dr. Ibtissama Boukas, physician specializing in family medicine

Occupational accident (at the workstation, in the cloakroom or at the bus station), occupational disease (fatigue and wear and tear), accident or non-occupational disease... these are all situations that may require a professional redeployment. All employees with a legal employment contract must guarantee this type of device, but under certain conditions. Find out in this article everything you need to know about professional reclassification.

Definition of professional redeployment

Generally, the use of professional redeployment applies when the employee finds himself unable to perform his work properly. Thus, his employer is obliged to reallocate him to another position in the company.

To do this, the employer, the employee and the occupational physician must meet to determine the new job that would best suit the health and physical condition of the worker. They have to find a point of agreement so that the employee can occupy another position. However, it is not uncommon for disagreements to arise and complicate the procedures.

A professional reclassification: in which cases?

Le professional redeployment is not offered to all employees although they may be unable to perform their former job. Similarly, certain criteria must be met for reclassification to take place.

Who is concerned by professional reclassification?

Le professional redeployment concerns workers who have a seniority of at least three years in their last job. It also concerns those who hold a certificate of aptitude for hiring the last position.

It should be noted that in the professional redeployment procedure, cross-border employees are classified in the same category as resident employees.

What are the conditions for a professional reclassification?

An employee is qualified as unfit when he no longer has the physical and/or mental capacity to carry out the missions required by his job. This incapacity can result from different situations:

  • an accident at work;
  • an occupational disease;
  • wear;
  • other causes unrelated to work: illness, injury following an accident, serious disability, etc.

In addition to this main condition, it is also necessary that the social security medical check-up (CMSS) recognizes the worker as still valid. This is in the sense that he can still occupy another position, even if the previous position no longer suits his state of health. Otherwise, he will not be able to benefit from a professional reclassification, whether internal or external.

Occupational illness and accident at work: what is the difference?

To better understand the difference between an occupational disease and an accident at work, here is an illustration of the two situations in case of back pain.

If you employee suffers from back pain because he lifted a heavy load in the course of his work, it is a work accident. On the other hand, when the latter has back pain, because his workstation frequently imposes various back movements on him, it is rather an occupational disease.

How does professional reclassification work?

There are procedures to be followed during a professional redeployment.

Certificate of professional incapacity

It's always by through a medical examination carried out by the occupational physician that the invalidity of an employee is affirmed. This may be an ordinary medical visit (on request or periodically) or a specific medical visit following a work accident. At the end of this examination, the professional incapacity of the employee is pronounced in a certificate.

Elements assessed by the occupational physician

Le certificate of professional incapacity is based on several elements:

  • a medical examination of the employee;
  • a study of the last position held;
  • a study of the company's working conditions;
  • exchanges between the occupational physician and the employer.

Dismissal or reclassification

According to examinations and studies carried out by occupational medicine, two alternatives are possible in the event of the employee's incapacity :

  • un dismissal for incapacity: when no workstation can suit the health of the employee, when the doctor declares that he is unfit for any position within the company, when he refuses the job offered by his employer or when the employer is unable to offer him another job;
  • un professional redeployment: when there is at least one position which is adapted to the employee's state of health.

According to article L1226-2-1 of the Labor Code, it is up to the employer to initiate the dismissal procedure for incapacity, when this is the only solution available to the worker.

Also, the professional redeployment proposal must take into account the opinions of the occupational physician as well as those of the worker.

Professional redeployment: search for another position

Le outplacement can be both internal and external. The job search scope is therefore very broad. He understands :

  • the establishment in which the employee works;
  • the different sites belonging to the same group, even if these extend to the national territory.

Nevertheless, before the census of all available positions by the employer, the employee can inform him of his preferences regarding the search perimeter.

Professional redeployment: the proposal for another position

As far as possible, the proposed job should be comparable to the last position. Depending on the job chosen, it is possible to put in place measures to adapt, adapt the position, or even transform.

This new job must be submitted for the opinion of the medical committee or the reform commission. Once validated, the employer must take an order of appointment for this new position.

Request for reclassification

When the medical committee declares to the employer the inaptitude of the employee for his last position and his aptitude for another position, the employer must inform the employee so that he can make a request in writing. To do this, the employer must explain the conclusions of the medical committee to him and send him a letter to make the request.

What are the worker's rights?

In addition to the decisions imposed by your employer or the occupational physician, you also have applicable rights as a worker.

Compensation pending professional reclassification

According to article L1226-4 of the Labor Code, from the issue of your certificate of professional incapacity, if no proposal is made to you within a period of one month, you benefit from your usual remuneration (that which corresponds to your former position).

As your employer is not bound by any deadline for finding another position, you can benefit from this allowance while waiting for the new proposal.

Recourse against your employer's proposal

You are under no obligation to accept the professional redeployment proposal, even if this may lead to dismissal for incapacity. You can dispute the proposal by asking the opinion of the regional directorate for the economy, employment, labor and solidarity (DREETS) that relates to your activity. Similarly, you can contest if you believe that no proposal suited to your abilities has been made.

Disability retirement

If you are a tenured civil servant declared as permanently unfit, you can benefit from a disability pension. For this purpose, you must have exhausted your rights to:

  • sick days ;
  • long-term sick leave;
  • long-term leave.

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