The offering of outplacement becomes mandatory when the employer invokes medical force majeure (Law of April 7, 2019 concerning the social provisions of the jobs deal, Belgian Official Gazette April 19, 2019). Invoking medical force majeure is only possible after a reintegration process has been completed. If it appears that there is no possibility - within the stipulated conditions - to agree on adapted or other work, then the occupational physician can decide on a definitive incapacity or work adjustment. Force majeure arises when either the employer or the employee invokes it.
The employer does not have to make an outplacement offer if the social security fund of their sector, in implementation of a generally declared binding collective labour agreement, organizes equivalent guidance to a new job.
The employer who invokes medical force majeure to terminate an employment contract must provide the employee with an outplacement offer worth 1,800 euros in writing within 15 days.
The employee has 4 weeks to accept or not accept the outplacement offer.
The right to outplacement expires if the employee does not respond in writing within that period.
The outplacement itself consists of guidance of at least 30 hours and is commenced within 3 months.
If the employee finds new work within 3 months and informs their previous employer thereof, they can stop the outplacement guidance. If their new contract were to be terminated within 3 months, they can resume and continue the outplacement program as if nothing had happened.
The outplacement offer is not required if the employee invokes force majeure.
For more information, you can contact your social secretariat.
