At the end of a work stoppage for health reasons, if medically observed by a licensed medical practitioner that you are permanently unfit when you return to the job you were in before you stopped working, you can apply to be reclassified on another job suitable for your condition.

The reclassification for physical incapacity may take place at the end of a paid or unpaid sick leave, of serious illness or a accident at work leave for occupational disease.

You may be reclassified for physical incapacity whether you are in DTA: titleContent or CSD: titleContent.

If you are on a fixed-term contract, your request for reclassification must be made before the end of your contract and your reclassification does not have the effect of keeping you on post beyond the scheduled end date of your contract.

In order to be eligible for reclassification on grounds of physical incapacity, you must have been recruited on a permanent job, that is to say, you must not have been recruited to cope with a temporary or seasonal increase in activity or on a permanent project contract.

When the reclassification is not possible, you are licensee for physical incapacity.

Your dismissal for physical incapacity can only be pronounced if your reclassification to another job is not possible.

The procedure is as follows:

Pre-Dismissal Interview

When your permanent incapacity is established, your employer's administration calls you for a pre-dismissal interview.

The invitation to the interview is made by registered letter with acknowledgement of receipt or by letter delivered by hand against signature.

This letter indicates the subject of the summons.

The pre-interview cannot take place less than 5 working days after presentation of the registered letter or hand-in.

You can be accompanied to the interview by the person(s) of your choice.

During the pre-interview, your employer administration will inform you of the reason for the dismissal and the time limit within which you must submit your written request for reclassification.

Your employer administration also informs you of the conditions under which reclassification offers will be presented to you.

Is the contractor entitled to compensation in the event of dismissal for termination of employment?

You are entitled to severance pay unless you are in one of the following situations:

• You have reached the minimum retirement age and you're entitled to a full-rate pension
• You are a seconded civil servant as a contractor
• You immediately find a similar job in one of the three public services or in a business of mixed economy.

Amount of compensation

The severance pay shall be equal to:

• TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
• At third party of the same remuneration for each of the following years.

If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.

The amount of severance pay may not exceed 12 times the remuneration on which it is based.

If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.

If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.

If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.

If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.

Seniority calculation

Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.

If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1^er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.

The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:

• Unpaid sick leave
• Parental Leave
• Leave to travel overseas or abroad for the adoption of one or more children
• Leave to raise a child under the age of 12
• Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
• Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
• Leave for personal reasons
• Leave to create or resume a company
• Mobility leave.

Any period of part-time work shall be counted in proportion to the amount of work carried out.

Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.

Payment of compensation

The severance pay is paid to you in one installment.

It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.

Is the contractor entitled to compensation for annual leave in the event of dismissal for termination of employment?

You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.

The allowance shall be equal to 1/10^e of your total gross remuneration received between 1^er January and December 31 of the current year.

It shall be proportional to the number of days of annual leave not taken.

The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.

It is subject to the same conditions contributions than your remuneration.

Is the contractor entitled to unemployment benefits in the event of dismissal for termination of employment?

You can benefit from the return-to-work assistance allowance if you qualify.

Consultation of the Joint Consultative Commission

The Joint Consultative Commission (JCC) shall be consulted on the draft dismissal decision concerning you.

The territorial authority shall inform the Joint Consultative Commission of any grounds preventing your reclassification.

Notification of dismissal and request for reclassification

After consulting the CCP, your administration will notify you of your dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.

This letter states the reason for your dismissal and the date on which it must take place.

The date of your dismissal shall take into account your remaining annual leave and a period of notice depending on your length of service.

The notice is a period that your administration must respect between the date of notification of your dismissal and the date of termination of your contract.

The notice period is as follows:

To determine the length of the notice period applicable to you, your seniority is counted until the date the letter of termination is sent.

It is calculated taking into account all your contracts, even if interrupted, if the interruption did not exceed 4 months.

The following holidays are taken into account in the calculation of your seniority:

• Annual leave
• Training leave for youth leaders and youth workers
• Leave for union training
• Vocational training leave
• Representation leave
• Maternity or adoption leave
• 3-day leave for birth or adoption
• Paternity and childcare leave
• Sick leave
• Sick leave
• Parental Leave
• Unpaid leave to travel overseas or abroad for the adoption of one or more children
• Parental leave
• Family Solidarity Leave
• Caregiver leave
• Leave to raise a child under the age of 12
• Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
• Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
• Leave for certain family events
• Leave for personal reasons
• Leave to create or resume a company

Other leave shall not result in the loss of seniority acquired before it was granted.

The date of submission the registered letter of dismissal shall set the point of departure of the notice.

The letter of termination invites you to submit a written request for reclassification, within half the period of notice.

It indicates the conditions under which the reclassification offers will be sent to you.

You may waive your notice at any time.

You are reclassified, within the same community, into a job with the same hierarchical category (A, B or C) as your previous job. If this is not possible, you can be reclassified, with your agreement, on a lower level job.

The job offered is adapted to your health condition and compatible with your professional skills.

Employment proposals shall take into account medical recommendations.

Reclassification offers shall be written and precise.

If no reclassification offer is offered before the end of your notice, you are placed on unpaid leave for a maximum of 3 months pending reclassification.

A certificate of suspension of your employment contract due to the administration is issued.

Your placement on unpaid leave suspends the effective date of your dismissal.

At any time during your 3-month unpaid leave, you may waive your request for reclassification. You are then fired.

If you are unable to be reclassified during the 3-month unpaid leave, you are dismissed.

If you refuse a job offer, you are fired.

At the end of a work stoppage for health reasons, if it is medically established by a medical practitioner that you are permanently unfit to return to the job you held before your stoppage of work, you can request to be reclassified to another job suitable for your state of health.

The reclassification for physical incapacity may take place at the end of a paid or unpaid sick leave, of serious illness or a accident at work leave for occupational disease.

You may be reclassified for physical incapacity whether you are in DTA: titleContent or CSD: titleContent.

If you are on a fixed-term contract, your request for reclassification must be made before the end of your contract and your reclassification does not have the effect of keeping you on post beyond the scheduled end date of your contract.

In order to be eligible for reclassification on grounds of physical incapacity, you must have been recruited on a permanent job, that is to say, you must not have been recruited to cope with a temporary or seasonal increase in activity or on a permanent project contract.

When reclassification is not possible, you are dismissed for physical incapacity.

When your permanent incapacity is established, your employer's administration will call you in for an interview prior to dismissal for physical incapacity.

But the dismissal cannot be pronounced only if your reclassification is not possible.

The procedure is as follows.

Pre-Dismissal Interview

Your employer administration invites you to an interview prior to dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.

This letter tells you the purpose of the interview.

Interview must take place at least 5 working days after presentation of the registered letter or hand-in.

You may be accompanied by the person(s) of your choice.

During the interview, your administration informs you that you can apply for reclassification.

The request for reclassification must be made in writing within a specified period which your administration will inform you of.

During the interview, your administration will tell you the conditions under which the reclassification offers will be presented to you.

Consultation of the Joint Consultative Commission

The Joint Consultative Commission (JCC) shall be consulted on the draft dismissal decision concerning you.

Your employer's administration shall inform the Joint Consultative Commission of any reasons which might prevent your reclassification.

Notification of dismissal and request for reclassification

After consulting the CCP, your administration will notify you of your dismissal by registered letter with acknowledgement of receipt or by hand delivered letter against signature.

This letter states the reason for your dismissal and the date on which it must take place.

The date of your dismissal shall take into account your remaining annual leave and a period of notice depending on your length of service.

The notice is a period that your administration must respect between the date of notification of your dismissal and the date of termination of your contract.

The notice period is as follows:

To determine the length of the notice period applicable to you, your seniority is counted until the date the letter of termination is sent.

It is calculated taking into account all your contracts, even if interrupted, if the interruption did not exceed 4 months and if it is not due to a resignation on your part.

The following holidays are taken into account in the calculation of your seniority:

• Annual leave
• Leave for union training
• Health and safety training leave if you are a staff representative on the Social Committee
• Citizenship Leave
• Vocational training leave
• Representation leave
• Training leave for youth leaders and youth workers
• Leave for validation of experience
• Skills Check Leave
• Period of professionalization
• Maternity or adoption leave
• 3-day leave for birth or adoption
• Paternity and childcare leave
• Sick leave
• Sick leave
• Parental Leave
• Unpaid leave to travel overseas or abroad for the adoption of one or more children
• Family Solidarity Leave
• Leave to raise a child under the age of 12
• Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
• Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
• Parental leave
• Caregiver leave
• Leave for family reasons
• Leave for personal reasons
• Leave to create or resume a company

Other leave shall not result in the loss of seniority acquired before it was granted.

The date of submission of the registered letter of dismissal shall be the starting point of the notice.

The letter of termination invites you to submit a written request for reclassification, within half the period of notice.

It indicates the conditions under which the reclassification offers will be sent to you.

You may waive your notice at any time.

You are reclassified, within the same institution, on a job of the same hierarchical category (A, B or C) as your previous job. If this is not possible, you can be reclassified, with your agreement, to a lower-level job.

The job offered is adapted to your health condition and compatible with your professional skills.

Employment proposals shall take into account medical recommendations.

Reclassification offers shall be written and precise.

If no reclassification offer is offered before the end of your notice, you are placed on unpaid leave for a maximum of 3 months pending reclassification.

A certificate of suspension of your employment contract due to the administration is issued.

Your placement on unpaid leave suspends the effective date of your dismissal.

At any time during your 3-month unpaid leave, you may waive your request for reclassification. You are then fired.

If you are unable to be reclassified during the 3-month unpaid leave, you are dismissed.

If you refuse a job offer, you are fired.