Economic redundancy: priority for re-hiring
Verified 30 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
A former employee dismissed for economic reasons may find a job in its company when it carries out hiring on jobs corresponding to his qualification.
What is the re-hire priority? What does the employee have to do to be eligible? How long does he benefit from this priority? What are the employer's obligations and what are the penalties if they do not comply?
We are taking stock of the regulations.
Priority rehire allows former employee dismissed on economic grounds to be priority in the allocation of any job which has become available in the company after he leaves.
He must apply to his former employer to be able to benefit from this priority.
The employee dismissed on economic grounds may be given priority for re-employment, regardless of whether the dismissal is individual or collective.
Priority hiring also applies to an employee dismissed for economic reasons who has accepted a professional security contract (CSP).
FYI
The priority of employment also concerns the employee whose employment contract is broken in the following situations:
- Voluntary departure plan against a backdrop of economic difficulties in the company
- Employment Protection Plan (ESP)
The employer must mention in the letter of dismissal the existence of the re-employment priority and the conditions for its implementation.
Please note
In the event of the employee's accession to the professional security contract (CSP), the rehire priority must be in the written document setting out the economic reason for the break-up.
It shall be handed over to the employee at the latest time of accession.
In order to benefit from the priority of re-hiring, the employee must apply to his former employer within the 1 year from the date of termination of his employment contract.
No formalism is imposed, but it is advises the employee to make his request in writing (e.g. e-mail or registered mail with LR/AR acknowledgement).
Yes, the employer must inform employee who makes use of his right to re-hire priority, employment in the company that has become available and suitable with his qualification.
No formalism is imposed, but it is advised the employer to inform the employee in writing (e.g. by LR/AR mail or mail).
The priority for re-hiring relates to the available position leading to a rehiring process recruitment, and thenhiring.
This use must be compatible with the qualification which the employee possessed at the time of his dismissal.
It must also be compatible with the new qualification which the employee may have been able to obtain after his dismissal, if he has previously informed the employer.
Warning
The employer is not obliged to offer a position that has become available to a former employee who didn't ask be given priority to re-hire within 1 year.
The employee is given priority for re-employment for 1 year from the date of termination of his employment contract.
Where several employees wish to benefit at the same time from the priority of re-hiring in the same position, the employer is not obliged to follow a specific order in order to make his choice.
The employer is free to choose the future employee according to the company's interest and according to criteria that he can define himself (e.g. seniority, competency, order of arrival on the application, etc.).
The employer who does not meet his obligations is subject to sanctions which vary according to the nature of the offense.
If the employee is not informed in the letter of economic dismissal
An employer who does not inform the employee of his right to re-employment priority in the letter of dismissal may be ordered to pay damages to the employee on the basis of the damage suffered.
The employee can then to refer the matter to the labor council.
If the employee is not informed of the available posts
The employer who does not inform the employee about available positions is subject to sanctions which vary according to the number of employees in the company and the length of service of the employee:
Répondez aux questions successives et les réponses s’afficheront automatiquement
In a company with fewer than 11 employees
The employer may be ordered to pay damages to the employee on the basis of the damage suffered.
The employee has a two-year period for to refer the matter to the labor council.
This timeout starts 1 year after the date of termination of his employment contract.
In a company of at least 11 employees
The employee has less than 2 years' service
The employer may be ordered to pay damages to the employee on the basis of the damage suffered.
The employee has a two-year period for to refer the matter to the labor council.
This timeout starts 1 year after the date of termination of his employment contract.
The employee has at least 2 years of service
The employer may be ordered to pay the employee compensation with a minimum value of 1 month's salary.
The employee has a two-year period for to refer the matter to the labor council.
This timeout starts 1 year after the date of termination of his employment contract.
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
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The informants who answer you belong to the ministry responsible for labor.
Beneficiaries, duration and obligations of the employer
Rehire priority in letter of termination
Penalty for irregularities