As of November 28, employees or employers who wish to invoke medical force majeure must follow a new procedure. This procedure is completely separate from the new reintegration legislation that came into effect on October 1, 2022.
It is possible to terminate an employment contract due to medical force majeure (without notice period or compensation) when an employee is permanently unfit for the agreed work.
Both the employer and the employee can initiate this procedure via registered letter.
The employee must have been continuously unfit for work for at least nine months. A relapse within the first 14 days of resuming work does not interrupt the nine-month period. There must be no ongoing reintegration trajectory.
The employment contract can only be terminated due to medical force majeure if the occupational physician has determined that it is permanently impossible for the employee to perform the agreed work.
If the employee is not deemed permanently unfit for the agreed work, the procedure ends without consequence. A new procedure can then be initiated after a new period of at least nine months of continuous incapacity for work.
The employee can, however, request adapted or different work. In that case, the occupational physician will formulate recommendations that the employer must investigate.
More information about initiating this procedure will be available on our website from 28/11/2022.
Legislation: Belgian Official Gazette (fgov.be)
