Medical force majeure procedure (article 34)
If there is doubt about whether an employee is permanently unfit after long-term illness, the law provides a clear procedure.
The law provides a formal procedure for assessing whether an employee is permanently unfit for work. If this is the case, this can lead to termination of the employment contract.
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Why choose the medical force majeure procedure (article 34)?
- provides clarity about whether or not a return to work is possible
- makes it possible to initiate a formal medical force majeure process where applicable
- a clear and legally established process
What is the medical force majeure procedure (article 34)?
This formal medical process is initiated when there is doubt as to whether an employee on long-term sick leave will still be able to perform their allotted tasks. More information about the conditions for and nature of this procedure can be found here.
Either you or your employee can initiate this procedure. This is done by sending a registered letter to the other party and to the occupational physician.
During the medical checkup, the occupational physician assesses whether the employee is permanently unfit for the agreed work. If this is the case, you can initiate a formal procedure to terminate the employment contract on the grounds of medical force majeure (in accordance with Article 34 of the employment contracts law).
How does Mensura help in practice?
Assessment of permanent unfitness for the agreed work: only the occupational physician can assess whether an employee is permanently unfit and whether reasonable modifications are possible.
Independent and expert advice: the occupational physician assesses the situation thoroughly and provides substantiated advice. This forms the legal basis for any decision on medical force majeure.
Supervision of correct application: Mensura ensures that the entire process is carried out in accordance with the law and without infringing the employee’s rights – because medical force majeure should not be invoked too quickly or incorrectly.