Soon obligation to pay a contribution of 1,800€ to the "Return To Work Fund".

From 1 April 2024 at the latest, if you invoke medical force majeure to terminate the contract, you must communicate certain data to the INAMI/RIZIV (National Institute for Health and Disability Insurance) and 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 after the end of the employment contract, you must:

1. Notify the INAMI/RIZIV of the following data:

- the name of the employer, the identification number with the Crossroads Bank for Enterprises, the registration number with the NSSO, the bank account number and contact information of the employer;

- the name, first name and identification number with the Crossroads Bank of Social Security of the employee whose employment contract has been terminated;

 

2. Pay a contribution of 1,800€ to the "Return to Work Fund."

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.

A Royal Decree has yet to determine the method of notification to the INAMI/RIZIV and the method of payment of the financial contribution.

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.

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 law is due to come into force no later than 1 January 2024.

Pending the entry into force of these provisions, you are still required to make an outplacement offer to your employee when you invoke medical force majeure to terminate the contract under Article 34 of the Employment Contracts Act.

We will keep you updated on the situation.

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