Table 2. For workers from suppliers of companies affected by an imposed closure, to the extent that this renders them unable to work at all. The Coronavirus (COVID-19) crisis is affecting businesses in various ways. Also, employees who, as a result of the suspension of classes in the schools, stay at home to care for their children, cannot for this reason be temporarily unemployed for reasons of force majeure. In principle, the schools remain open and in principle shelter is provided. Further, the mere fact that the employee returns from a country affected by the coronavirus, or the mere fact that the employee has come into contact with a person coming from an affected area, without any concrete indications of a risk of infection, cannot be invoked to make this employee temporarily unemployed due to force majeure. This supplement will be paid by the RVA/ONEM. For workers of Belgian companies affected by the effects of the Corona virus in other areas – for example, because they are dependent on suppliers from the affected region, if, as a result of production stoppages, it is no longer possible for the company to continue to employ staff. On the basis of this declaration, the payment institutions (trade unions) and the National Employment Service can determine the level of benefits for the temporarily unemployed. If this new user has an eID reader and knows his eID PIN or if he is using the “Itsme” application, access can be granted quickly (10 minutes). The force majeure procedure is open to blue-collar and white-collar workers (from the private sector, the public sector and the non-profit sector); temporary agency workers throughout the duration of their temporary contract (renewable where appropriate); staff working in educational establishments; and apprentices with vocational training (mainly apprentices with a vocational training contract in the French Community and with a vocational training contract in the Flemish Community). The force majeure system is applicable for all categories of contractual workers, but the temporary employment because of economic reasons is only open for blue collar workers in the public sector. The temporary unemployment due to force majeure is applicable to the coronavirus outbreak. The amount of the benefit depends on: the amount of the last salary received (subject to an upper monthly limit of € 2,754.76 for the first 6 months of unemployment, of € 2,567.49 for the 6 following months and of €2,399.25 after 12 months); The general application of the flexible COVID-19 temporary unemployment scheme (a form of temporary unemployment due to force majeure) will come to an end on 31 August 2020, but will nevertheless continue to apply (from 1 September until 31 December 2020) to certain companies and sectors which have been particularly hard hit by the corona crisis. There are two types of temporary unemployment: L&E Global Webinar: Diversity and Inclusion: What is or is not allowed? Author: Pieter Pecinovsky. Van Olmen & Wynant attorneys are available to assist you with these and other workplace issues. Until 30 June 2020, the amount of the benefit will be temporarily increased to 70% of the average capped salary. In case of temporary unemployment due to force majeure, the worker is exempt from the waiting period. due to quarantine), but the company is mostly hit by the economic consequences, e.g. For workers who are forced in quarantine in another country which makes it impossible for him to work. the fact that the consequences of the coronavirus render the company temporarily unable to employ his employees. The employer who does not yet have access to the social security portal can, exceptionally, send the notification by letter (possibly by registered mail) or preferably by e-mail to the unemployment office of the place of business where your company has its registered office. It has also been extended to interim workers (among other non-standard contracts) and to employees of Belgium-based … Therefore, he does not have to prove a number of working days before he is entitled to benefits. The Belgian system of temporary unemployment is – as a result of the coronavirus pandemic – currently being used by more employers than ever before. Such a financial shock can be partly absorbed by the system of temporary unemployment. For more information, visit https://www.vow.be/. The two relevant systems are: temporary unemployment because of force majeure; and; temporary unemployment because of economic reasons. ... For example, one can be temporarily absent for holidays, illness, technical or economic reasons (temporary unemployment),.... Family workers are also included in the category ‘employed’. Summary. Initially, there are two relevant systems: temporary unemployment due to force majeure and temporary unemployment due to economic reasons. Access to latest statistics. Where the submission forms asks for the economic reasons, the employer must mention ‘CORONAVIRUS’. The Belgian Minister of Work Nathalie Muylle has already declared on 6 February 2020, that the Coronavirus can form a justified reason for temporary unemployment. Van Olmen & Wynant attorneys are available to assist you with these and other workplace issues. for workers who cannot be employed due to the abolition of events, cultural activities, sports activities, closure of cinemas, etc. Temporary unemployment due to force majeure will be accepted, if applicable, for the duration indicated by the employer, but at the latest until 30/06/2020 (except for the specific situation of the imposed closure until 3/04/2020, which will possibly be extended). Only if it is clearly demonstrated that there was no childcare (e.g. The decision not to work may therefore not depend on a unilateral decision taken by the employer or the employee. Need information that is comprehensive and specific to a particular country? Workers can also alternate days of unemployment and working days. Such a financial shock can be partly absorbed by the system of temporary unemployment. To qualify, you must notify the benefits office of your move and register with the unemployment office in your new country within seven days of your arrival. This is because the procedure for economic reasons is often much more cumbersome. An employer who has never used the application system (or any other application on the social security portal) must first register as a user before he can use the application. Exceptionally, therefore, in this scheme, days of unemployment may alternate with working days.”. Except in specific cases, the public sector (including the majority of the public companies), does not fall under the scope of this act. Which of these two forms is the one applicable to the coronavirus outbreak? The following instances can be qualified as force majeure: The National Employment Office has announced on 17/03/2020 that it will extend the scope of force majeure to companies that voluntarily close down (although this would not constitute force majeure under normal circumstances). To be entitled to temporary unemployment benefits for economic reasons, since 1 October 2016 the workers must fulfil the ordinary eligibility requirements. On top of this, the government will add a supplement of EUR 5.63 per day to the unemployment benefit at the expense of the National Employment Agency. retail sector) or which, despite the compulsory closure, are still able to offer limited services (e.g. A withholding tax on professional income of 26.75% will be deducted from the benefit. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. The two relevant systems are: In this case, the employer must submit a file at the National Employment Office (RVA/ONEM) to prove the situation of force majeure: i.e. for workers whose company must close down the workplace in order to stop the spread of the virus (e.g. Copyright © 2021 L&E Global. The ONEM also carries out controls on abuses which can lead to sanctions against companies. The Director of the (local office of the) National Employment Office may grant a derogation from the submission deadline if the coronavirus has led to a sudden drop in work. Otherwise your benefits may be reduced or temporarily suspended. The Belgian social security authorities confirmed that a possible supplementary pay of the employer, in addition to the temporary unemployment allowance can be allocated to the employee with exemption of Belgian social security provided that the eventual total net pay (allowance + supplement) will not be higher than the regular net salary should the employee … Note that these unemployment benefits only cover a part of the lost salary and are capped at 70% of monthly pay (up to EUR 2,754.76). “Now we’re up to 31,000 employees in 1,700 businesses. All Rights Reserved. By way of exception, the employer does not have to provide a monthly control form (“C3.2A”) to each temporarily unemployed person for the months March, April, May and June 2020. TEMPORARY UNEMPLOYMENT BECAUSE OF FORCE MAJEURE 1. The rest of the procedure is mostly similar as for the temporary unemployment because of force majeure. Therefore, the worker does not have to prove the number of working days before he/she is entitled to benefits. There are also four “language areas”: Dutch-speaking (Flanders), French-speaking (Wallonia), Dutch-French bilingual (Brussels-Capital) and German-speaking (a small area around Eupen), which determine the official language to be used in documents such as employment contracts. From 13.03.2020 until 31.08.2020, a very simple form of temporary unemployment due to force majeure “corona” (hereinafter: “corona unemployment) … For them, the procedure to submit a request at the National Employment Office is fairly similar to the procedure for temporary unemployment because of force majeure. In Belgium, two types of temporary unemployment exist for companies that can no longer put their employees to work or maintain their employees’ normal working schedules: temporary unemployment due to force majeure and temporary unemployment for economic reasons. The company does not receive enough supplies to continue its production or provision of services. a statement with, if necessary, the supporting documents, with a detailed explanation showing that the unemployment was caused by force majeure, caused by the coronavirus. Therefore, if possible, it is preferable to submit a request for temporary unemployment because of force majeure. During these four months, the temporarily unemployed will be exempt from the obligation to hold a C3.2A card. This was confirmed in a communication of 15 March 2020 by the National Employment Office: “For those businesses where only partial closure is imposed (e.g. Entitlement to the supplement The employee normally receives 65% of his average capped salary (capped at EUR 2,754.76 per month). This is due to the fact that the preliminary conditions to submit a request for temporary unemployment because of economic reasons for white-collar workers requires the company to fall within the scope of the Act of 5 December 1968 (see above). Action should not be taken on this document alone. Until 30 June 2020, the amount of the benefit is temporarily increased to 70% of the average capped salary. This possibility can be widely applied as from 13 March 2020. … As a response to the COVID-19 crisis, between 13 March and 31 August 2020, temporary unemployment due to COVID-19 is considered as temporary unemployment due to force majeure, making the support also available to white-collar workers. If you’re an EU citizen and move from Belgium to another EU country to seek employment, you may be entitled to up to three months’ unemployment benefit from the country you’ve left. Furthermore, civil servants do not fall under the scope of the system (neither force majeure, nor economic reasons). The procedure becomes more difficult when the consequences of the virus do not make it impossible to employ the workers (e.g. Days of temporary unemployment due to force majeure resulting from the COVID-19 pandemic are now taken into account for the calculation of holiday entitlement in Belgium. In practice, this means that some employees of the same company may be temporarily unemployed and others may not. Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA / ONEM). The company is experiencing a decrease in turnover because customers are staying away or the company does not receive new orders. In concrete terms, it is therefore necessary to check whether the taxable income of the employee during the period of temporary unemployment (consisting of the unemployment benefit paid by the National Employment Office (NEO), any supplements paid by the NEO or an Existence Security Fund and the supplement paid by the employer) does not exceed, on a … Unemployment Rate in Belgium decreased to 6.10 percent in November from 6.30 percent in October of 2020. The majority of the employees become ill. COVID-19 Temporary Unemployment Scheme in Belgium Applicable from October 1, 2020 to March 31, 2021 (With Extension Possible) * Belgian Single Work Permits: Finally Some Good News? For example, companies will be forced to close down or face a major decline in work and turnover. Discover the most important labour and employment rules, regulations and best practices exclusive to 25+ key jurisdictions worldwide, conveniently together in one place. L&E Global Webinar: The Whistleblowing Directive: A Gamechanger? Onem has already received 1.36 million workers’ requests from 133,000 companies. a catering service or room service in a hotel whose restaurant is compulsorily closed), temporary unemployment for reasons of force majeure may also be requested for all days on which the workers cannot be employed (even if, because there is no compulsory closure for the day in question, this would be due to a reduction in the volume of work). If an employee chooses to end a contract, a specified period must elapse before unemployment benefit is payable in Belgium. Belgian companies can be severely affected by the COVID-19 outbreak in several ways: In such cases, the company could get into financial problems if they need to continue to pay the employees, while experience a steep decline in turnover. Temporary unemployment due to force majeure. the mandatory closing of all bars, restaurants, clubs and non-essential stores). However, white-collar workers can only enjoy temporary unemployment because of economic reasons if the company fulfils the preliminary cumulative conditions: If the company fulfils the preliminary conditions, it can submit a request for temporary unemployment for its white-collar workers, just like for the blue-collar workers. By Claeys & Engels. NOTE: This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. The substantial increase in temporary or economic unemployment (tijdelijke werkloosheid/chômage technique) is being interpreted as a strong indicator of how hard the global economic crisis has hit Belgium. Our unique and innovative Country Comparison Tool allows you to automatically generate an interactive, country-by-country comparison of the most important workplace law matters that employers need to be aware of. To do so, it is best for this employer to contact the Eranova service by telephone on 02/511 51 51 (accessible from Monday to Friday, from 7 a.m. to 8 p.m.). It is not designed to provide legal or other advice with regard to any specific case. For specific advice, please contact a lawyer of our firm. In case of force majeure, a company does not have to be closed down completely. For workers whose company is forced to close by the government (e.g. Corona virus (Covid-19) – The most important labor law issues in Belgium (update 20 March 2020) Navigation. Under certain conditions, the employee can benefit from benefits for temporary unemployment due to force majeure paid by the NEO. These rising figures suggest that there will be a high increase in general unemployment in the coming months. in case employees got contaminated). This file does not have to be submitted in the case of an imposed (at least partial) closure by the government. Unemployment Rate in Belgium averaged 8.15 percent from 1983 until 2020, reaching an all time high of 11 percent in October of 1983 and a record low of 4.90 percent in March of 2020. However, the government has decided to open up the temporary unemployment procedure due to force majeure to all situations related to the coronavirus, without actually referring to a situation of force majeure. It’s, however, essential to make sure there are no unintended consequences as a result of deploying temporary unemployment in the company. COVID-19 Temporary Unemployment Scheme in Belgium Applicable from October 1, 2020 to March 31, 2021 (with extension possible) On November 6, 2020, following the new lockdown measures, the Belgian government decided that all companies impacted by the COVID-19 crisis can That means that young people who have just completed their studies and the long-term unemployed have no entitlement to holidays, as they will not have worked during the previous twelve months. If not, the company will have to go through the procedure (to be recognised as undertaking in difficulties). During this recognition procedure, an application may be submitted for temporary unemployment due to force majeure provided that the employer demonstrates that he has initiated the prior procedure for recognition as a company in difficulty by sending a copy of the application for recognition to the Minister of Work to the National Employment Office. It therefore mainly concerns companies in the, the use of this measure is provided for in aÂ. Labor law in Belgium Once you have found a job, there can be a probationary period of up to two weeks for blue-collar workers, and anywhere between one and six months for white-collar workers if the annual wage does not exceed around EUR 36–37,000. Jurisdictions Belgium There are two forms of temporary unemployment, the temporary unemployment due to force majeure and the temporary unemployment due to economic reasons. In case the work at the workplace can be replaced by telework, it will not be impossible to employ the employee and it will not constitute a force majeure. Employees will benefit from a temporary increase of their allowance in the event of temporary unemployment. In the event of temporary unemployment due to a lack of work for economic reasons, the worker is entitled to a supplement to the temporary unemployment benefits. Discover the most important labour and employment rules, regulations and best practices exclusive to 25+ key jurisdictions worldwide, conveniently together in one place. In response to the COVID-19 crisis, the Belgian government has taken different measures over the past months. All Rights Reserved. Amount. because the company is hit by a decrease in its customer base, production, turnover, orders, etc. Our unique and innovative Country Comparison Tool allows you to automatically generate an interactive, country-by-country comparison of the most important workplace law matters that employers need to be aware of. Brazil: ANPD Regulatory Agenda for the 2021-2022 biennium is published, Consequences of Brexit for UK citizens working in Belgium. the school would be materially incapable of providing it) and the parent has no alternative (no teleworking possible, the partner cannot intervene, only the grandparents or other persons of an advanced age could intervene), temporary unemployment due to force majeure can be claimed. The National Employment Office also accepts temporary unemployment when the workplace only needs to close down during or a limited part of the week (e.g. This page provides the latest reported value for - Belgium Unemployment … Muylle estimated that this increase in citizens collecting temporary unemployment could cost the government up to €18 billion per month. Belgium is making massive use of temporary unemployment in the context of the coronavirus crisis. The National Employment Office (NEO) has formally acknowledged the coronavirus pandemic as a force majeure event, warranting the introduction of temporary unemployment due to force majeure in affected Belgian companies until 31 March 2021. The sooner this declaration is submitted, the sooner the employees will receive their benefits. For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org. It follows from this that companies that take ‘preventive’ measures to prevent their employees from becoming infected by the coronavirus cannot apply for temporary unemployment due to force majeure. During this period, employees will receive unemployment benefits paid by the Belgian state and will in principle no longer receive any salary from the employer. Employment rate, unemployment rate and activity rate by gender for Belgium and the regions, last 4 quarters. currently until 19 April (those these are very likely to be extended until 3 May). The decision on the temporary unemployment due to force majeure will be taken within three days after receipt of the complete file by the National Employment Office. Businesses can also invoke temporary unemployment as a result of “overmacht/force majeure”. Self-employed people are not entitled to unemployment benefit. The workers might be forced to quarantine themselves. The amount of the temporary unemployment benefit is increased to 70 % (instead of 65 %) of the last monthly salary (with a maximum of 2754.76 EUR). The federal government decided on 6 November 2020 to reintroduce the simplified temporary unemployment procedure due to coronavirus for all employers and workers (blue-collar and white-collar workers) from 01.10.2020 until 31.03.2021 inclusive. For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org. A third of the requests have already been approved. With effect as of 13 March 2020, the regime of temporary unemployment due to force majeure has been extended and broadened. Belgium is made up of three regions: Flanders, Wallonia and Brussels-Capital. For more information, visit https://www.vow.be/. Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA / ONEM). Two thirds were submitted very recently. Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA / ONEM). In this electronic declaration, the employer must state “force majeure” and “coronavirus” as reasons for the temporary unemployment. Finally, the system of temporary unemployment is only partially applicable to public companies. In this case, the employers could submit a request for temporary unemployment for his workers due to lack of work, because of economic reasons. Which makes it impossible for him to work he is entitled to benefits authoritative of. Supervised by the system of temporary unemployment benefit, the employee you with these and workplace... Employees in 1,700 businesses worked for a certain number of working days before he is entitled to temporary benefits! October 2016 the workers must fulfil the ordinary eligibility requirements to prove number! In case of an imposed ( at least partial ) closure by the.... 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