Today, the Act of 30 October 2022 enters into force, introducing three new employment law measures.
New procedure for terminating employment contracts on the basis of medical force majeure
First, the Act of 30 October 2022 creates a new procedure for terminating employment contracts on the basis of medical force majeure. This new procedure for medical force majeure is completely separated from the reintegration process. Both the employer and employee can initiate this new procedure, at the earliest after a period of 9 months of continuous incapacity for work.
Medical certificate for the first day of any period of incapacity for work
Second, the Act of 30 October 2022 creates an exemption, that can be invoked a maximum of three times per calendar year, to submit a medical certificate for the first day of any period of incapacity for work. However, the employee making use of this exemption does remain obliged to immediately inform his/her employer of his/her incapacity for work.
Limitation of neutralisation of guaranteed salary for employees in case of partial resumption of work
Finally, the Act of 30 October 2022 exempts the employer from having to pay guaranteed salary if the employee becomes incapable of working due to sickness or an accident during the first 20 weeks of a partial resumption of work, authorised by the doctor of the health insurance fund. However, if the employee becomes incapacitated after the first 20 weeks of the partial resumption of work, the employer is obliged to pay the guaranteed salary. |