Since 1 April 2024: no longer outplacement offer required, but mandatory notification and 1.800 EUR to BTW Fund for employer who invokes medical force majeure

Since 28 November 2022, an employer who wishes to terminate an employee's employment contract due to medical force majeure (i.e. without a notice period or the payment of a severance indemnity) must follow a new procedure to do so, which is completely separated from the reintegration track (see New rules on incapacity for work | Lydian).

Since 1 April 2024, the employer who invokes medical force majeure must, at the latest within a period of 45 calendar days after the employment contract is terminated:

1. notify the "Back to Work Fund" (managed by the National Institute for sickness and disability insurance (RIZIV/INAMI) of some identification details of both the employer and the employee concerned; and,
2. subsequently pay a contribution of 1.800 EUR to this fund.

This measure replaces the special regime of outplacement in case of termination of the employment contract due to medical force majeure by the employer, which has been abolished since 1 April 2024. Therefore, the employer no longer has to offer outplacement to the employee, with a value of 1.800 EUR.

The notification and contribution obligation take place in two separate steps:

1. The notification is submitted electronically to the RIZIV/INAMI or, if not possible through electronic means, by using a paper form, the model of which is made available by the RIZIV/INAMI. 

   The (electronic) notification form as well as the practical information in this regard  are available at Terug Naar Werk – Fonds: werkgevers | RIZIV (fgov.be) (only available in Dutch and French).
    

2. Upon receipt of the notification by the RIZIV/INAMI, the employer will receive an invitation to pay the contribution of 1.800 EUR to the "Back to Work Fund".

The notification can also be done by a proxy, such as a legal advisor, or a collaborator. 

Every employee whose contract is terminated due to medical force majeure and every long-term incapacitated employee, will be able to rely on the Back to Work Fund for the purchase of specialised services (coaching, matching, etc.) tailored to his/her needs from recognised service providers. These tailored services aim at the socio-professional reintegration of the person concerned, who is no longer or can no longer be employed by his/her employer, to a position with another employer or into another industry through counselling.

If the employer does not notify the RIZIV/INAMI or does not pay the contribution, he can be sanctioned with a level 2 sanction (new article 220/2 Social Criminal Code). 

This amounts to either a criminal fine of 400 EUR to 4.000 EUR or an administrative fine of 200 EUR to 2.000 EUR. The fine is multiplied by the number of employees involved in the infringement.

The notification and contribution obligation to the Back to Work Fund came into effect on 1 April 2024. 

The employer must therefore make sure to submit the necessary notification in time. 

Outplacement has been abolished, but financially, nothing will change: the employer will still have to pay 1.800 EUR, from now on , however, to the "Back to Work Fund".