BWBR0045662
Geldig vanaf 2021-10-01
Artikel 9.8
Legal Status (Local Employees) Regulations 2020
1. If an employee’s employment contract is terminated due to sickness and the employee is not covered at that time by invalidity insurance as referred to in article 9.3, paragraph 2and, subsequent to the termination of employment, is unfit to perform any other suitable employment, the employee is entitled to supplementation of invalidity benefits.
2. The supplementation ceiling for the supplement referred to in paragraph 1 equals the qualifying salary, multiplied by the percentage of the salary received by the employee under article 5.11, paragraph 2immediately before the termination of employment, but at most by:
a. 70% if the termination of employment referred to in paragraph 1 took place before 1 January 2005;
b. 60% if the termination of employment referred to in paragraph 1 took place on or after 1 January 2005.
3. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2°are deemed to include at least:
a. all provisions to which the employee is entitled by virtue of the termination of the employment contract, including in any event those under the applicable social security system;
b. other invalidity benefits to which the employer has contributed in any way; and
c. any income from or in connection with employment or a business to which the employee is entitled.
4. The supplement referred to in paragraph 1 is granted to the ex-employee with effect from the day after the termination of employment as referred to in paragraph 1. The provision of the supplement ends on the date on which:
a. the ex-employee is deemed capable of performing other suitable employment;
b. the ex-employee’s employment contract would otherwise have ended due to the employee reaching retirement age;
c. the ex-employee dies; or
d. the supplement has been paid for a period equal to the period of employment, subject to a minimum period of five years. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis.
5. Paragraph 4 (d) does not apply if the invalidity is, in the opinion of the employer, largely due to the nature of the duties which the employee was instructed to perform or to the special circumstances in which they had to be performed and is not attributable to the employee’s fault or actions.
6. For the purposes of this article, employment is suitable if:
a. in the opinion of the employer, given the ex-employee’s health and other circumstances, the latter can reasonably be expected to try to obtain that position of employment and, if given the opportunity, accept it; and
b. the salary associated with that employment is equal to or greater than the supplement referred to in paragraph 1.
2. The supplementation ceiling for the supplement referred to in paragraph 1 equals the qualifying salary, multiplied by the percentage of the salary received by the employee under article 5.11, paragraph 2immediately before the termination of employment, but at most by:
a. 70% if the termination of employment referred to in paragraph 1 took place before 1 January 2005;
b. 60% if the termination of employment referred to in paragraph 1 took place on or after 1 January 2005.
3. For the purposes of this article, the provisions referred to in article 9.1, paragraph 1 (a) 2°are deemed to include at least:
a. all provisions to which the employee is entitled by virtue of the termination of the employment contract, including in any event those under the applicable social security system;
b. other invalidity benefits to which the employer has contributed in any way; and
c. any income from or in connection with employment or a business to which the employee is entitled.
4. The supplement referred to in paragraph 1 is granted to the ex-employee with effect from the day after the termination of employment as referred to in paragraph 1. The provision of the supplement ends on the date on which:
a. the ex-employee is deemed capable of performing other suitable employment;
b. the ex-employee’s employment contract would otherwise have ended due to the employee reaching retirement age;
c. the ex-employee dies; or
d. the supplement has been paid for a period equal to the period of employment, subject to a minimum period of five years. The second sentence of article 9.4, paragraph 1 applies mutatis mutandis.
5. Paragraph 4 (d) does not apply if the invalidity is, in the opinion of the employer, largely due to the nature of the duties which the employee was instructed to perform or to the special circumstances in which they had to be performed and is not attributable to the employee’s fault or actions.
6. For the purposes of this article, employment is suitable if:
a. in the opinion of the employer, given the ex-employee’s health and other circumstances, the latter can reasonably be expected to try to obtain that position of employment and, if given the opportunity, accept it; and
b. the salary associated with that employment is equal to or greater than the supplement referred to in paragraph 1.