Medical force majeure and Back To Work-contribution
Medical force majeure
When an employee is permanently unable to work and can no longer perform the function for which he/she was hired, the employment agreement can be terminated for “medical force majeure” without notice period or severance pay. Since 28th November 2022 there is a new procedure for terminating an employment contract based on medical force majeure.
In a nutshell it means that the procedure for medical force majeure can be initiated after 9 months of uninterrupted incapacity for work and on the condition that no integration procedure is ongoing with the prevention advisor-occupational doctor.
After completing the procedure for determining this force majeure by the prevention advisor-occupational doctor, the employment contract can only be terminated due to medical force majeure if the employee is indeed permanently unable to perform the agreed work AND:
- The employee did not ask to investigate options for adapted / other work;
- The employer cannot offer other/adapted work or if the employee has refused this.
Replacement outplacement by a Back To Work -Fund
When the procedure for medical force majeure has ended, the employment contract must still be terminated by either the employer, the employee, or by both parties together.
Up to now, when the employer took the initiative to terminate the employment contract, he was obliged to offer outplacement assistance to the employee for a value of 1.800 euros.
From April 1, 2024, this obligation will expire and be replaced by a contribution to the BTW Fund (Back to Work-Fund).
From April 1, 2024, the employer who invokes medical force majeure must do the following within a period of 45 calendar days after the termination of the employment contract:
- Inform the RIZIV / INAMI (National Institute for Sickness and Disability Insurance). This can be done electronically (Pro-Pay can arrange this declaration electronically for you)
AND
- Pay a contribution of 1.800 euros to the BTW-fund. The RIZIV will ask the employer to pay this contribution on the basis of the declaration of medical force majeure. There are administrative fines for failure to comply with this obligation.
The employee will receive a voucher with a maximal value of 1.800 euros which can be used to look for new work through guidance and coaching from a specialized service provider.
Attention: the obligation only applies when the termination of the employment contract is initiated by the employer - not when the employee invokes medical force majeure or when the parties jointly determine the end of the employment contract due to medical force majeure.
For more information, you can contact your Payroll Business Partner.
