Do you invoke medical force majeure to terminate the contract? New obligations have come into force

From 1 April 2024, if you invoke medical force majeure to terminate the contract, you will be obliged to provide a certain amount of information to the INAMI/RIZIV and then pay a contribution of 1,800€ to the Return-to-Work Fund

What is the "Return to Work Fund"?

A “Return-to-Work Fund” is set up within the Benefits Department of the INAMI/RIZIV.

This fund is intended for the purchase of specialised services from accredited service providers, for example coaching, with the aim of reintegrating an employee who is unfit for work into the labour market.

It is financed by contributions from the employer who invokes the termination of the contract on the grounds of medical force majeure under Article 34 of the Employment Contracts Act.

Obligations for the employer who invokes the end of the contract on the grounds of medical force majeure

Within 45 calendar days following the termination of the employment contract due to medical force majeure, you must make an electronic notification to the INAMI/RIZIV:

If this electronic notification is not possible, you can use a paper form.

Important clarification! 

• This obligation only applies when the employer unilaterally terminates the contract due to medical force majeure. It does not apply when both parties agree the termination of the contract due to medical force majeure in writing or when it is the employee who terminates the contract due to medical force majeure;

• This obligation to pay an amount of 1,800€ replaces the current special scheme for outplacement in force since 29 April 2019, when the employer invokes medical force majeure to terminate the employment contract.

For more information on the procedure for terminating a contract on the grounds of medical force majeure under Article 34 of the Employment Contracts Act, refer to our Infoflash of 18 November 2022.

Once the notification is made, you will receive an invitation to deposit 1,800€ in the account number of the Return-to-Work Fund.

Who can avail of the services of the Return-to-Work Fund?

Two categories of beneficiaries who have been recognised as unfit for work are eligible for an allowance from the Fund: 

1. Employees whose contract has been terminated for medical reasons for up to 6 months. A transitional measure is provided for: employees whose contracts were terminated for medical reasons between 1 April 2024 and 1 July 2024 have until 2 January 2025 to apply for an allowance from the Fund.
2. From 1 April 2025, disabled beneficiaries can also apply for an allowance.

The INAMI/RIZIV may set other criteria for the allowance.

Penalties under the Social Penal Code

If you fail to meet these new obligations, you risk a Level 2 sanction:

- Either an administrative fine of 200€ to 2,000€

- Or a criminal fine of 400€ to 4,000€

Entry into force?

The obligation to notify the INAMI/RIZIV and pay a contribution of 1,800€ comes into force for terminations of contracts due to medical force majeure invoked by the employer from 1 April 2024.

Source: Programme Act of 26 December 2022, articles 161-164, Belgian Official Gazette of  30.12.2022;Law of 16 October 2023 containing various provisions on social matters, Belgian Official Gazette of 31.10.2023, Royal Decree of 28 March 2024 related to “Return-to-Work Fund”, Belgian Official Gazette of 02.04.2024.