Termination due to medical force majeure: new rules apply from 1 April 2024

29/03/2024

From 1 April 2024, an employer terminating a contract due to medical force majeure must (i) inform the National Institute for Health and Disability Insurance (NIHDI / INAMI / RIZIV) and also (ii) pay a compensation of EUR 1,800 within 15 days of the termination. This compensation must be paid into a so-called “Return to Work Fund” managed by the NIHDI. The payment replaces the obligation of the employer to offer outplacement assistance.

These obligations do not apply if it is the employee who establishes that the contract was terminated due to medical force majeure.

Employees whose contracts are terminated due to medical force majeure will now be able to apply to the "Return to Work Fund" for a voucher of EUR 1,800 to cover the cost of a specialised, personalised service (such as career guidance or personalised coaching) provided by a service provider recognised by the NIHDI.

More information can be found on the website of the new “Return to Work Fund”: Fonds Retour Au Travail | INAMI (fgov.be).