Did you know that, as an employer, you are now obliged to offer an outplacement in the event of employment termination due to ‘medical force majeure’? RiseSmart has looked into this and created an outplacement programme tailored to this special situation.

When does ‘medical force majeure’ apply?

You are dismissing an employee with a long-term illness who is not expected to return to your company, either with or without the support of a medical certificate;
After a long period of absence, you allow an employee to resume work via a reintegration process. At the end of the reintegration process, you establish that the resumption does not proceed as desired and terminate the employment contract for reasons of medical force majeure. 
In both instances, you must offer your employee outplacement support so that he/she is fully supported in finding his/her way back to the labour market. 

You think you may be dealing with a medical force majeure termination: now what? 

Contact RiseSmart to define the correct legal context of the dismissal and to receive professional advice on suitable outplacement. 

Legislation stipulates support of 30 hours over a 3-month period with a minimum value of €1800. As an employer, you are not allowed to offer less than what is legally stipulated, but you are free to offer more if you wish. 

RiseSmart has developed a specific 30-hour programme over 3 months for this €1800. Furthermore, our job coaches are specialised in supporting participants with a medical history. 

NOTE: the specific provisions of outplacement in case of medical force majeure.

The outplacement track has a value of at least 1,800 euros and provides for 30 hours of counselling, given over a period of maximum 3 months. This period starts as soon as the employee agrees to the offer.
You must make a clear and appropriate outplacement offer within 15 days of terminating the employment contract. Your ex-employee then has 4 weeks to accept your offer (no obligation).
Has outplacement assistance started? Then the advisory doctor of the health insurance fund must be informed within 15 days of the start and content of the process. This is done by the outplacement agency or by the former employee himself. 

When does the new regulation not apply? 

- If you, as an employer, fall under a CLA in which the Social Security Fund takes on the outplacement obligation. 
- If your employee resigns himself, invoking medical force majeure. Even if you jointly determine that it is best to terminate the employment contract for that reason, the new regulation does not apply.

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