On 28 March 2024, the federal government issued a new decree replacing outplacement assistance for people with a long-term illness after dismissal due to medical force majeure (article 34). From now on, employers must transfer a contribution of 1,800 euros to the new ‘Back to Work’ fund, managed by the National Institute for Health and Disability Insurance (NIHDI/RIZIV). 

Figures from the NIHDI reveal that, since 2022, the number of people with a long-term illness in Belgium has for the first time reached more than 500,000. This concerns employees with an incapacity for work lasting more than one year. The outplacement assistance – which employers have been obliged to provide since 29 April 2019 to people with a long-term illness following their dismissal due to medical force majeure – demonstrated little success. With the new ‘Back to Work’ fund, the government aims to stimulate the reintegration of people with a long-term illness with other employers by financing specialised services tailored to their particular requirements.

If employers terminate an employment contract due to medical force majeure (the so-called article 34), then, as from 1 April 2024, they are obliged to pay a contribution of 1,800 euros within a maximum of 45 days after terminating the employment contract to the NIHDI ‘Back to Work’ fund. Employers who do not pay the sum can officially be fined between 400 and 4,000 euros or charged an administrative penalty of between 200 and 2,000 euros.

Then, thanks to the fund, employees with an incapacity for work can access specialised services tailored to their needs, such as career guidance or personalised coaching. To do so, they request a voucher worth up to 1,800 euros. After the termination of the employment contract, employees are given a maximum of six months to submit their request.

Please note: As from 1 April 2025, all employees with an incapacity for work of more than one year will be able to access the ‘Back to Work’ fund. Therefore, the new measure shall only apply as from next year for employees who were declared to have an incapacity for work before 1 April 2024.

In order to open up as many opportunities as possible for employees to return to work, the government is working together with the private sector. In this way, employees are exclusively guided by HR service providers who are recognised by the NIHDI. The list of all recognised organisations is still to be confirmed.