Redeployment leave is a provision for employees facing economic dismissal, mandated for companies with over 1,000 employees. It offers affected workers support for job searching and training without restrictions on age or seniority. Employers must inform employees about the process and confirm the leave in dismissal letters. The leave lasts between 4 to 12 months, with potential extensions for retraining. Employees receive 65% of their gross salary post-notice period, and the allowance is exempt from contributions. After the leave, employees can register with employment agencies, subject to a waiting period.
Who is Eligible for Redeployment Leave?
Employees Facing Economic Dismissal
Redeployment leave is outlined in articles L1233-71 and the following sections of the Labor Code. Employers with a workforce of at least 1,000 employees are mandated to offer redeployment leave to any employee affected by a dismissal due to economic reasons. There are no prerequisites such as age or seniority that limit eligibility. This leave is designed to provide employees with opportunities for professional training and support in their job search processes.
Situations Exempt from Redeployment Leave
However, employers are not obligated to provide redeployment leave if the employee opts for a mobility leave or if the company is undergoing recovery or judicial liquidation.
Steps to Initiate Redeployment Leave
Communication with Employees and Representatives
Before proceeding with an economic dismissal, employers must inform and consult with employee representatives. Additionally, they must notify each employee who may face dismissal about the procedures related to the redeployment leave.
Information for employees can be communicated in the following manners:
- During a preliminary meeting with the employee, applicable when fewer than 10 employees are dismissed within a 30-day period.
- During the final session of the social and economic committee, applicable when dismissals involve at least 10 employees within a 30-day timeframe.
Offering Redeployment Leave via Dismissal Letter
Once the economic dismissal plan has been confirmed, the employer must extend a redeployment leave offer to each affected employee through their dismissal letter. Employees have eight calendar days to respond to this proposal after receiving the dismissal letter.
If an employee does not respond within this timeframe, it will be assumed they have declined the offer. Should the employee accept, the redeployment leave will commence after the eight-day reflection period, meaning they will not serve a notice period.
Understanding the Mechanics of Redeployment Leave
Duration of Redeployment Leave
Following discussions with employee representatives, the employer determines the length of the redeployment leave, which can vary from 4 to 12 months. If the leave is for professional retraining, it can be extended up to 24 months. The leave begins concurrently with the notice period, which does not need to be served by the employee.
Evaluation and Guidance Session for Employees
The redeployment leave kicks off with an evaluation and orientation interview conducted by the support unit. This session aims to outline the employee’s professional goals and the conditions for achieving them.
Formalizing the Leave Agreement
The outcomes of this initial interview are sent to the employer and will define the duration and specific actions required for the employee’s redeployment. The same information will be provided to the employee, who has eight calendar days to sign off on it.
Job Search Support for Employees
Once the documentation is signed, the employee will receive assistance from the support unit in their job search and any necessary training for professional redeployment. This includes the option for the employee to undergo a skills assessment and validation of their acquired experiences. Employees must adhere to the prescribed actions; failure to comply may lead to early termination of the redeployment leave by the employer.
Can Employees Work During Redeployment Leave?
If an employee is required to work during the redeployment leave—whether through a renewable fixed-term contract or temporary work—the leave is paused during work periods and resumes once the contract ends. Employees are free to seek employment at any point but must inform their employer before signing any new contracts.
Salary During Redeployment Leave
65% of Gross Salary
During the period that coincides with the notice period, employees will receive their regular salary. Once the redeployment leave extends beyond the notice period, the employee is entitled to a monthly payment equating to 65% of their average gross salary from the 12 months prior to their dismissal notification. This amount will not fall below 85% of the minimum wage.
Exempt Allowance from Contributions
The allowance is exempt from contributions and social security deductions but remains subject to social levies. Each month, employers will provide payslips detailing the remuneration amount and its calculation method.
Unemployment Rights Following Redeployment Leave
Upon completion of the redeployment leave, employees can register with the employment agency. A waiting period may apply, lasting up to 75 days if the employee received