Employment law
Reclassification & Promotion
Reassignment of an employee declared unfit for work following an illness or a non-work-related accident
The employee’s physical unfitness may be confirmed by the occupational health doctor during a return-to-work medical examination or during any medical examination carried out during the term of the employment contract.
Unless keeping the employee in their current post poses an immediate risk to their health or safety or that of third parties, the occupational health doctor will confirm the unfitness following two medical examinations conducted several weeks apart.
If the employee is declared unfit for work, the employer must seek to redeploy them, that is to say, offer them a job suited to their abilities.
These efforts must take into account the occupational health doctor’s findings, their assessment of the employee’s ability to perform existing tasks within the company, and so on.
Redployment following a non-work-related incapacity does not require consultation with staff representatives.
Reassignment of an employee declared unfit for work following a work-related accident or an occupational illness
If the incapacity results from a work-related accident or an occupational illness, the opinion of staff representatives is required. Staff representatives are consulted on the possibilities for redeployment of the incapacitated employee.
Reassignment within a pay scale
Promotion to a higher category or reclassification takes place only after the employee has progressed through all the pay steps within a category. Generally, the employer may require a higher qualification (public sector) or new responsibilities (non-public sector).
In all cases, by means of a memorandum, the employer may, in exceptional circumstances, promote or reclassify an employee in recognition of their efforts or exceptional performance.
Categories or grades, depending on the terminology used, reflect differences in the nature of duties and responsibilities. An employee is reclassified if they are recruited internally or following further training.
Advancement on a pay scale
Advancement from one pay step to another normally takes place following half-yearly, annual or biannual appraisals. Generally, the threshold for progression to a higher step is set in such a way that it can only take place every two years, even if the appraisal is annual or half-yearly.
For example, the conditions for progression to a higher step might be set at 15, bearing in mind that the maximum annual mark cannot exceed 10. This means that the employee must achieve an annual average of at least 15 on two occasions to progress to a higher step.
Pay grades reflect experience and length of service in the role. Promotion takes place within the same category, from one pay grade to the next, following annual appraisals marked in accordance with the company’s internal procedure.