An important change came into effect on April 1, 2024 for employers in Belgium regarding dealing with employees who are no longer able to work for medical reasons.
Under the previous system, employers were required to offer 30 hours of outplacement assistance, but this only applied if the employer cited medical force majeure as a reason for termination. The costs for this outplacement amounted to €1,800.00 to be borne by the employer. However, if the employee did not accept the offer within 4 weeks, the employer was exempt from this cost.
However, this arrangement will be changed from April 1, 2024. Instead of offering an outplacement offer, employers must deposit an amount of €1,800 into the Back to Work (TNW) fund, managed by the RIZIV (National Institute for Health and Disability Insurance). This payment is mandatory for any termination of an employment contract at the initiative of the employer AND the employee due to medical force majeure.
The Back to Work Fund was established to support the reintegration of employees into the labor market and to provide a safety net for employees who lose their jobs due to medical reasons. With this change, the government hopes to provide better support to both employers and employees in these situations.
The procedure:
The procedure for employers includes submitting identification data of both the employer and the former employee to the RIZIV. This declaration must be submitted electronically via the RIZIV website ( www.riziv.fgov.be/ ) or on paper using the prescribed model, within a period of 45 calendar days after the end of the employment contract.
The data that must be provided consists of the following:
name of the company
Company bank account number
Company contact details
KBO number of the company
Social security number of the company
Surname and first name of the employee
INSZ number (national register number) of the employee
Important: Failure to provide these identification details to the RIZIV may result in criminal fines of level 2.
After receiving the identification data, the RIZIV will send an invitation to pay €1,800.00 to the employer.
Employees whose employment contract has been terminated due to medical force majeure can submit an application to the Back to Work Fund themselves.
What is new is that employees who have been incapacitated for work for at least 1 year and are still employed will also be able to apply to this fund from April 1, 2025 and receive a voucher of €1,800.00, provided there is still capital in the fund.
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