Reclassification of the employee and compensatory allowance

When the reclassification of the employee, decided by the joint committee, involves a reduction in working time and therefore a reduction in the salary previously received, the employee is entitled to a compensatory allowance.

The request for obtaining said compensation must be submitted to ADEM (Law of July 24, 2020) within 6 months of the date of execution of the amendment to the employment contract , under penalty of foreclosure. .

Thus, in the event of external reclassification, the compensatory indemnity is only due in the event referred to in Article L. 551-5 of the Labor Code, i.e. in the context of the conclusion of a a new employment contract (which excludes remaining unemployed) if:

- the reclassified person has been assigned by ADEM;

- if she has been declared fit for her new job and

- if the new job includes working time equal to at least 80% of the working time fixed in the first contract in force before the reclassification decision.