Conditions for medical dismissal

Whoever the initiator is, whether the employer or rather the employee, in neither case can a dismissal for medical reasons simply be carried out.

For instance, the employee must initially be incapacitated for work for at least six months uninterruptedly.

Additionally, there must also no reintegration trajectory longer be running as intended in the code on well-being at work.

Medical force majeure procedure

When the above conditions are met, the employer or employee can start a medical force majeure procedure. In official terms, this is called a ‘special procedure for establishing definitive incapacity’.

Please note that starting such a procedure does not guarantee that an actual dissolution of the employment contract can take place.

Decisions and consequences

  1. The employee is permanently unfit for the agreed work and does not want an investigation into adapted or other work

In this case, medical dismissal can proceed.

  1. The employee is permanently unfit for the agreed work and does want an investigation into adapted or other work

The occupational physician immediately formulates the recommendation for adapted or other work together with the incapacity decision. 

The employer must act as in the reintegration procedure. If he finds adapted or other work, the employee can agree, and a return to work follows. Otherwise, medical dismissal may result. The latter is also the case if the employer finds no adapted work.

  1. The employee is not permanently unfit for the agreed work

The procedure stops, and medical dismissal cannot occur. No appeal is possible, and there are no consequences. The employee or employer is free to start a reintegration process. 

A new special procedure can only be requested 6 months after the previous one has been concluded.

Man on sofa hands in hair, doctor's wife with paper

Consequences of medical dismissal

In the case of medical dismissal, the employment relationship as such ceases. There is no notice period to be respected by the employee and the employer does not have to pay severance pay in lieu of notice. 

Furthermore, in the event of medical dismissal, the employee is eligible for an incapacity for work benefit from the RVA and this without a waiting period.

Support via Premed

At Premed, we understand that the medical dismissal process can be a complex matter for both employers and employees. That is why we take our role in the initiation of such a special procedure to heart.

For example, we request a precise description of the agreed work from the employer. And in turn, we invite the employee for a medical examination at least ten days after notification.

Our authority as an external prevention service ends after the determination of definitive incapacity, which can open the door to dismissal for medical reasons. We therefore do not offer any additional (legal) support.

Do you want targeted advice regarding medical dismissal?

Contact us for more info!

Contact

Frequently Asked Questions

What is the difference between medical force majeure and medical dismissal?

The medical force majeure procedure is the only legally valid way to achieve dismissal for medical reasons. After a minimum of six months of continuous incapacity, the appointed occupational physician can determine the definitive incapacity of the employee. Medical dismissal is subsequently the termination of the employment contract based on this established medical force majeure, when the procedure shows that the employee is definitively unfit and no adapted work is available.