Can an employee be dismissed because his driving license has been revoked?
Verified 11 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
YesIn some cases, an employee whose driving license is suspended or revoked may be dismissed. The grounds for dismissal are different if theinfringement is committed during or outside working time. Dismissal may also be decided following a notice of unfitness to drive. It may be justified if the employee's duties require the regular use of a vehicle. We're doing an update on the regulations.
Yeah. Yeah. The employer may dismiss the employee or offer him other possibilities.
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Employee misconduct
The employer may dismiss the employee if the offense committed during working time results in a suspension or withdrawal of his driving license.
Circumstances may to justify dismissal for fault simple or serious.
Serious misconduct may be recognized, for example, if the withdrawal or suspension of a driver's license is decided as a result of drunk driving during working hours.
Other situation
Following a suspension or withdrawal of an employee's driving license, the employer may, for example, propose to suspend the employment contract by taking paid leave or a unpaid leave.
The employer may also, for example, offer a temporary assignment to another position (or a job in pairs with a licensed employee).
Of treaty provisions may provide for an obligation to seek reclassification (e.g. road transport sector). In this case, dismissal can only be justified in the absence of possible reclassification.
A simulator is used to search for the collective agreement with the company's name or Siret number:
Please note
An employer may ask an employee who drives a vehicle in the course of his duties to present his driving license to ensure that it is not suspended or canceled. He can't ask to know the driving license point balance.
Yeah. Yeah. The employer may dismiss the employee or offer him other possibilities.
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Discomfort to the company in its functioning and impossibility for the employee to perform the contract
Where the employee loses his driving license for an offense committed outside working time, the dismissal for simple or serious misconduct is not possible.
However, a dismissal on personal grounds non-disciplinary is possible if the duties performed by the employee involve driving a vehicle.
The employer must state the discomfort caused to the company in its operation and the impossibility for the employee to perform the contract.
For example, in the case of an employee performing the duties of delivery agent, the withdrawal of a driving license for a period of 6 months may constitute a real and serious cause of dismissal.
However, concealing the withdrawal of the driving license which occurred outside work, while continuing to drive a company-owned car, may justify dismissal for fault.
Other situation
Following a suspension or withdrawal of an employee's driving license, the employer may, for example, propose to suspend the employment contract by taking paid leave or a unpaid leave.
The employer may also, for example, offer a temporary assignment to another position (or a job in pairs with a licensed employee).
Of treaty provisions may provide for an obligation to seek reclassification (e.g. road transport sector). In this case, dismissal can only be justified in the absence of possible reclassification.
A simulator is used to search for the collective agreement with the company's name or Siret number:
Please note
An employer may ask an employee who drives a vehicle in the course of his duties to present his driving license to ensure that it is not suspended or canceled. He can't ask to know the driving license point balance.
The employee may be found unfit to drive a vehicle by the occupational doctor.
The employer may dismiss the employee for incapacity in the following cases:
- Refusal by the employee of the new job proposed by the employer
- Employer's justification for not being able to offer alternative employment
- Statement in the opinion of the occupational doctor that continued employment would be seriously detrimental to the health of the employee
- Statement in the opinion of the occupational doctor that the employee's state of health makes it impossible to reclassify him into a job
Warning
Of treaty provisions may provide for an obligation to seek reclassification (e.g. road transport sector). In this case, dismissal can only be justified in the absence of possible reclassification.
A simulator is used to search for the collective agreement with the company's name or Siret number:
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Information on the employee's driving license
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Accident at work Unfitness as a result of an occupational disease
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