2023-11-01 13:00:00
What is medical part-time?
Before talking about dismissal, a quick reminder of the concept of medical part-time. This formula is intended to help people who are unable to work to return to professional activity. Part-time is not the only existing option: it is possible to return to work 1/5 time, if your state of health requires it.
To return part-time, you must request authorization from your health insurance advisor who will check whether this return is compatible with your state of health.
When the worker who is unable to work resumes, with the agreement of his employer, adapted work or another job, the execution of his employment contract is not suspended. And therefore, if you were employed full-time or part-time, your contract is maintained, you are not bound by a new employment contract.
You receive partial salary and work incapacity benefits. Your compensation is full if your working time represents a maximum of 20% compared to full time (for example one day per week). And beyond 20%, compensation is reduced depending on the volume of activity resumed. For example, if you resume at 50%, thanks to the 20% exemption, your compensation is reduced to 30%.
You can, however, combine your compensation, without reduction, with the benefits granted by organizations whose mission is the social and professional reclassification of disabled people or by contracting public institutions.
The contract does not change
If you work part-time, your contract remains as it was before your illness. So if you have a full-time contract, in the event of dismissal, your employer is required to dismiss you on a full-time basis, even if you only work part-time, for example. But above all, your employer cannot dismiss you because of your incapacity: in the event of dismissal, the employer must justify the dismissal with a reason other than partial incapacity. Otherwise it is an unreasonable dismissal.
Second protection is provided by law for workers aged 58 and over. If there is a national employment agreement (which is the case for the CP200, the majority agreement in Belgium), a 58-year-old dismissed worker who proves 35 years of professional experience, and is recognized as less valid or who proves medical problems, can claim RCC (Unemployment scheme with company supplement).
What does the RCC cover? The laid-off worker receives unemployment benefit, the amount of which corresponds to 60% of his salary until the legal pension age. This amount is capped at 1,618.80 euros per month. In addition to this unemployment benefit, he receives a company supplement paid by the employer. The amount of the supplement represents at least half of the difference between the net salary and the unemployment benefit. The RCC worker is not on vacation: he is registered as a job seeker and must accept suitable employment or adequate training.
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