Replacing a worker who is incapable for work and who gradually resumes work: replacement agreement henceforth permitted

The Act of 15 January 2018 establishing various provisions with regard to work from 15 February 2018 onwards permits a replacement agreement to be concluded for the replacement of a worker who is incapable for work and partially resumes work with the permission of the health insurance fund’s medical adviser.

In concrete terms, a replacement agreement may be concluded for the replacement of a worker who is incapable for work and who, with the employer’s approval, temporarily carries out adapted work or other work (in application of Article 31/1 of the Employment Contract Act of 3 July 1978) and this, for the working hours of his normal work schedule he cannot work as a result of his incapacity for work.

Review!

The replacement agreement must be in writing. This written document must:

• on the one hand for each worker individually be drawn up in writing, no later than the time when his employment starts;
• and, on the other hand, state the reason for the replacement, the identity of the worker to replace, the terms and conditions for the recruitment (duration of the replacement agreement, etc.).

The duration of the replacement agreement may not exceed 2 years.

Source: Act of 15 January 2018 establishing various provisions with regard to work, Belgian Official Gazette of 5 February 2018.

Author: Catherine Mairy

14/02/2018