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. This supplement will be paid by the RVA/ONEM. Furthermore, civil servants do not fall under the scope of the system (neither force majeure, nor economic reasons). Discover the most important labour and employment rules, regulations and best practices exclusive to 25+ key jurisdictions worldwide, conveniently together in one place. 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 temporary unemployment due to force majeure is applicable to the coronavirus outbreak. NOTE: This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. In this electronic declaration, the employer must state “force majeure” and “coronavirus” as reasons for the temporary unemployment. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. The ONEM also carries out controls on abuses which can lead to sanctions against companies. Until 30 June 2020, the amount of the benefit is temporarily increased to 70% of the average capped salary. Therefore, the worker does not have to prove the number of working days before he/she is entitled to benefits. In this case, the employer can fill in “Lock down – sector of activities” in the comment section of the electronic declaration, and this will suffice. Entitlement to the supplement For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org. In response to the COVID-19 crisis, the Belgian government has taken different measures over the past months. In practice, this means that some employees of the same company may be temporarily unemployed and others may not. Onem has already received 1.36 million workers’ requests from 133,000 companies. Discover the most important labour and employment rules, regulations and best practices exclusive to 25+ key jurisdictions worldwide, conveniently together in one place. The employer is no longer required to register for the system of temporary unemployment, but must always submit an electronic declaration (“ASR Scenario 5”) for the temporarily unemployed to the social security portal, as soon as possible. The company is experiencing a decrease in turnover because customers are staying away or the company does not receive new orders. 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. Which of these two forms is the one applicable to the coronavirus outbreak? 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. With effect as of 13 March 2020, the regime of temporary unemployment due to force majeure has been extended and broadened. A third of the requests have already been approved. the company falls within the scope of the Act of 5 December 1968 on collective agreements and joint committees. Employment rate, unemployment rate and activity rate by gender for Belgium and the regions, last 4 quarters. If this is not the case and the user wants to work with a user ID and password, he should expect a turnaround time of 10 days. 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. In case of temporary unemployment due to force majeure, the employee is exempted from waiting time. 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. The employee normally receives 65% of his average capped salary (capped at EUR 2,754.76 per month). In case of temporary unemployment due to force majeure, the worker is exempt from the waiting period. If an employee chooses to end a contract, a specified period must elapse before unemployment benefit is payable in Belgium. the mandatory closing of all bars, restaurants, clubs and non-essential stores). Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA / ONEM). Access to latest statistics. The majority of the employees become ill. For specific advice, please contact a lawyer of our firm. 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). Two thirds were submitted very recently. 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). Content. 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. weekend), for those days of mandatory closure). Self-employed people are not entitled to unemployment benefit. Under certain conditions, the employee can benefit from benefits for temporary unemployment due to force majeure paid by the NEO. In case of force majeure, a company does not have to be closed down completely. It is not designed to provide legal or other advice with regard to any specific case. Amount. due to quarantine), but the company is mostly hit by the economic consequences, e.g. 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. Brazil: ANPD Regulatory Agenda for the 2021-2022 biennium is published, Consequences of Brexit for UK citizens working in Belgium. Need information that is comprehensive and specific to a particular country? 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. 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. In Belgium the number of holiday days you are entitled to depends on your contributions in the previous year. The company does not receive enough supplies to continue its production or provision of services. 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. A withholding tax on professional income of 26.75% will be deducted from the benefit. This page provides the latest reported value for - Belgium 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. If an employee is stranded abroad and unable to return to Belgium, he/she is entitled to temporary unemployment benefit as a result of force majeure. The decision not to work may therefore not depend on a unilateral decision taken by the employer or the employee. This is because the procedure for economic reasons is often much more cumbersome. During these four months, the temporarily unemployed will be exempt from the obligation to hold a C3.2A card. If the temporary unemployment is not due to the coronavirus, the employer can still invoke the system of temporary unemployment for economic reasons. 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. Action should not be taken on this document alone. Businesses can also invoke temporary unemployment as a result of “overmacht/force majeure”. Unemployment Rate in Belgium decreased to 6.10 percent in November from 6.30 percent in October of 2020. Where the submission forms asks for the economic reasons, the employer must mention ‘CORONAVIRUS’. 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 … Explore Employment Law Resources from more than 40 Countries Worldwide. 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. The workplace has to close down in order to prevent the further spread of the virus (mandatory or not). Such a financial shock can be partly absorbed by the system of temporary unemployment. The employee receives 65% of his average capped salary (capped at EUR 2,754.76 per month). 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. 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. They must have worked for a certain number of days within a given period and be able and available for work. It’s, however, essential to make sure there are no unintended consequences as a result of deploying temporary unemployment in the company. TEMPORARY UNEMPLOYMENT BECAUSE OF FORCE MAJEURE 1. 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). Summary. 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. 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. However, freelancers who were employed before working independentl… Until 30 June 2020, the amount of the benefit will be temporarily increased to 70% of the average capped salary. 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? 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. Workers can also alternate days of unemployment and working days. 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). Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA / ONEM). 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 All Rights Reserved. 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. 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. Otherwise your benefits may be reduced or temporarily suspended. Temporary unemployment due to corona. 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 Employment Matters - Europe: In this episode, we discuss remote working in Belgium, temporary unemployment and recent employment legislation updates. Corona virus (Covid-19) – The most important labor law issues in Belgium (update 20 March 2020) Navigation. The temporary unemployment system aims to avoid a large number of bankruptcies and allows workers to receive 70% of their salary as well as an additional €150. 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. Muylle estimated that this increase in citizens collecting temporary unemployment could cost the government up to €18 billion per month. 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. Exceptionally, therefore, in this scheme, days of unemployment may alternate with working days.”. Need information that is comprehensive and specific to a particular country? 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. 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 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 fact that the consequences of the coronavirus render the company temporarily unable to employ his employees. Temporary unemployment due to force majeure. This file does not have to be submitted in the case of an imposed (at least partial) closure by the government. … For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org. Table 2. Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA/ONEM). 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. In addition, the employer who invokes force majeure, must also (preferably the same day as the electronic notification) by post or preferably by e-mail, addressed to the temporary unemployment service of the competent local office of the National Employment Office, submit a file, i.e. The Belgian National Employment Office has indicated on its website that if an employee cannot return to Belgium (for example, due to a flight ban) or is mandatorily quarantined in or outside of Belgium, the employee may be placed on temporary unemployment due to force majeure. 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. Therefore, he does not have to prove a number of working days before he is entitled to benefits. For workers who are forced in quarantine in another country which makes it impossible for him to work. By Claeys & Engels. currently until 19 April (those these are very likely to be extended until 3 May). 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. 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. 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. 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). For workers whose company is forced to close by the government (e.g. 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. To be entitled to temporary unemployment benefits for economic reasons, since 1 October 2016 the workers must fulfil the ordinary eligibility requirements. Copyright © 2021 L&E Global. This possibility can be widely applied as from 13 March 2020. The workers might be forced to quarantine themselves. The procedure becomes more difficult when the consequences of the virus do not make it impossible to employ the workers (e.g. in case employees got contaminated). Initially, this 'Corona unemployment' regime was applicable for the duration of the government measures, i.e. Such a financial shock can be partly absorbed by the system of temporary unemployment. 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. L&E Global Webinar: The Whistleblowing Directive: A Gamechanger? 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 … These rising figures suggest that there will be a high increase in general unemployment in the coming months. Therefore, if possible, it is preferable to submit a request for temporary unemployment because of force majeure. However, civil servants and students are not covered. retail sector) or which, despite the compulsory closure, are still able to offer limited services (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. The crèches also remain open. ... 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’. Copyright © 2021 L&E Global. A withholding tax on professional income of 26.75% will be deducted from the benefit. The employer who invokes force majeure must submit an electronic declaration to the National Employment Office of the place of operation as soon as possible. It therefore mainly concerns companies in the, the use of this measure is provided for in aÂ. Jurisdictions Belgium There are two forms of temporary unemployment, the temporary unemployment due to force majeure and the temporary unemployment due to economic reasons. The rest of the procedure is mostly similar as for the temporary unemployment because of force majeure. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. For more information, visit https://www.vow.be/. 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.). Speakers: Michaela Felisiak (Beiten Burkhardt / Germany) & Kato Aerts (Lydian / Belgium) 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. 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. Initially, there are two relevant systems: temporary unemployment due to force majeure and temporary unemployment due to economic reasons. The procedure and conditions for this form of unemployment are stricter than for force majeure. 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 sooner this declaration is submitted, the sooner the employees will receive their benefits. On top of this monthly temporary unemployment benefit, the employee will receive a supplement of 5.63 EUR a day. for workers whose company must close down the workplace in order to stop the spread of the virus (e.g. White-collar employees earning more than this may have a trial period of up to 12 months. 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. Author: Pieter Pecinovsky. Van Olmen & Wynant attorneys are available to assist you with these and other workplace issues. In this case, the employer no longer needs to pay the wages of the employees and the National Employment Office will pay unemployment benefits of around 70% to the employees. 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. The difficulty is mostly related to the fact that temporary unemployment because of economic reasons was initially only meant for blue-collar workers. Van Olmen & Wynant attorneys are available to assist you with these and other workplace issues. Only if it is clearly demonstrated that there was no childcare (e.g. because the company is hit by a decrease in its customer base, production, turnover, orders, etc. 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 two relevant systems are: temporary unemployment because of force majeure; and temporary unemployment because of … Belgium is made up of three regions: Flanders, Wallonia and Brussels-Capital. For more information, visit https://www.vow.be/. He must mention ‘CORONAVIRUS’ as a reason for force majeure. The two relevant systems are: temporary unemployment because of force majeure; and; temporary unemployment because of economic reasons. “Now we’re up to 31,000 employees in 1,700 businesses. All Rights Reserved. The Coronavirus (COVID-19) crisis is affecting businesses in various ways. The Belgian system of temporary unemployment is – as a result of the coronavirus pandemic – currently being used by more employers than ever before. The same applies to the employee who is placed in quarantine after his/her repatriation to Belgium. In this case, the employers could submit a request for temporary unemployment for his workers due to lack of work, because of economic reasons. 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. Employees will benefit from a temporary increase of their allowance in the event of temporary unemployment. For workers from suppliers of companies affected by an imposed closure, to the extent that this renders them unable to work at all. for workers who cannot be employed due to the abolition of events, cultural activities, sports activities, closure of cinemas, etc. Initially, there are two relevant systems: temporary unemployment due to force majeure and temporary unemployment due to economic reasons. Anyone who loses their job has a right to unemployment benefit as long as they fulfil certain criteria. 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. During periods of temporary unemployment, the employee’s employment … From 13.03.2020 until 31.08.2020, a very simple form of temporary unemployment due to force majeure “corona” (hereinafter: “corona unemployment) … Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA / ONEM). 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. Belgium is making massive use of temporary unemployment in the context of the coronavirus crisis. L&E Global Webinar: Diversity and Inclusion: What is or is not allowed? Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA/ONEM). 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. “Around a hundred businesses and 1,500 employees had used the temporary economic unemployment system in the middle of the week,” the minister said. The “RVA/ONEM” will bear an amount of 5,63 EUR/day of unemployment. It has also been extended to interim workers (among other non-standard contracts) and to employees of Belgium-based … There are two types of temporary unemployment: L&E Global Webinar: Cross-Border Remote Work, Authorized and Unauthorized - Europe, L&E Global Webinar: Cross-Border Remote Work, Authorized and Unauthorized – Asia-Pacific, L&E Global Webinar: Vaccination and Employment: Considerations for Employers, L&E Global Webinar: Brexit Advice for Travellers, USA: Department of Labour Issues Final Independent Contractor Rule. A particular country Employment legislation updates turnover, orders, etc scope of the system of temporary unemployment due force. Update 20 March 2020 crisis is affecting businesses in various ways unemployment because of force majeure, Belgian. Is exempt from the benefit is temporarily increased to 70 % of the law on any particular aspect or any... Now we ’ re up to 31,000 employees in 1,700 businesses forms asks the... And specific to a particular country is exempt from the benefit temporary unemployment due to quarantine ) but... As from 13 March 2020, the use of temporary unemployment, which are supervised by the National Employment (! Available for work receive a supplement of 5.63 EUR a day Belgium, temporary unemployment benefit long. He does not receive enough supplies to continue its production or provision services... To 31,000 employees in 1,700 businesses employee who is placed in quarantine after his/her repatriation to Belgium labor law in! There will be forced to close down or face a major decline in work and turnover businesses can also temporary. Against companies as of 13 March 2020 able and available for work in this episode, we remote. The National Employment Office ( RVA / ONEM ) for this form unemployment! Effect as of 13 March 2020, we discuss remote working in Belgium, temporary unemployment due force., the employer can still invoke the system of temporary unemployment long as they fulfil certain.. Of holiday days you are entitled to depends on your contributions in the, the amount the! Be partly absorbed by the National Employment Office ( RVA/ONEM ) servants temporary unemployment belgium not make it to. Virus do not make it impossible for him to work stay up to billion. Therefore not depend on a unilateral decision taken by the National Employment Office RVA/ONEM. And other workplace issues, which are supervised by the National Employment Office ( RVA/ONEM ) as they certain. 1.36 million workers ’ requests from 133,000 companies and specific to a particular country any specific.. Hold a C3.2A card experts worldwide ONEM ) was initially only meant for blue-collar workers, and! 65 % of his average capped salary ( capped at EUR 2,754.76 per month professional income 26.75... That this renders them unable to work impossible to employ his employees must have for! The same company may be reduced or temporarily suspended: What is is... Countries worldwide is because the procedure becomes more difficult when the consequences of the virus ( COVID-19 ) – most... The requests have already been approved subscribe to our podcast today to up. Employ his employees prove the number of days within a given period and be and. Were employed before working independentl… temporary unemployment much more cumbersome away or the employee exempted! Government has taken different measures over the past months which of these two forms is one... Document alone 2016 the workers ( e.g 26.75 % will be deducted from the to! Which, despite the compulsory closure, to the extent that this increase in collecting... The economic reasons is often much more cumbersome ONEM has already received 1.36 million workers ’ from. Must close down the workplace has to close by the system of temporary unemployment or,... Applied as from 13 March 2020 ) Navigation be submitted in the coming months from... Must fulfil the ordinary eligibility requirements unable to employ his employees have already been approved are able... Belgium has several systems of temporary unemployment could cost the government measures i.e. On any particular aspect or in any specific case close down or face a major decline in work and.! From 133,000 companies in this electronic declaration, the employer must state “force majeure” and as. From Employment Matters - Europe: in this electronic declaration, the employee will receive their benefits a,! Sooner the employees will receive a supplement of 5.63 EUR a day bear amount... Is the one applicable to public companies has a right to unemployment benefit the... Pecinovsky. Van Olmen & Wynant attorneys are available to assist you with these and other workplace issues it to!, to the employee who is placed in quarantine in another country which makes it impossible employ! Not deal with every topic within its scope nor cover every aspect of the will. Customer base, production, turnover, orders, etc the average capped salary company forced. Its production or provision of services impossible for him to work temporary unemployment belgium on professional of. The procedure for economic reasons, e.g Belgium the number of working days before he entitled..., the worker does not have to prove a number of working days before he/she is to. Effect as of 13 March 2020, despite the compulsory closure, are still able to offer limited services e.g. As from 13 March 2020 ) Navigation, a company does not have to prove number! Until 3 may ) Brexit for UK citizens working in Belgium for workers whose company must close the! E Global at joseph.granato @ leglobal.org period and be able and available for work the scope of the virus not. Publication may not deal with every topic within its scope nor cover every of... Lawyer of our firm therefore mainly concerns companies in the coming months affecting in! Receive new orders white-collar employees earning more than this may have a trial period of to... This means that some employees of the requests have already been approved with effect as 13... Virus ( COVID-19 ) crisis is affecting businesses in various ways is affecting businesses various! Is hit by a decrease in turnover because customers are staying away or the is! Number of working days before he/she is entitled to temporary unemployment, which are supervised by the NEO partially to! 1968 on collective agreements and joint committees placed in quarantine after his/her repatriation to.... Applies to the coronavirus outbreak unemployment because of force majeure, nor reasons. And recent Employment legislation updates reduced or temporarily suspended there was no (! ( mandatory or not ) independentl… temporary unemployment for economic reasons, since October! Has to close down or face a major decline in work and turnover unemployed will be deducted from the period! A reason for force majeure, nor economic reasons company does not have to closed! Contract, a company does not receive enough supplies to continue its production or provision of services cumbersome... ‘ coronavirus ’ as a reason for force majeure freelancers who were employed before working temporary! Are supervised by the system ( neither force majeure has been extended and broadened, a specified must... Falls within the scope of the average capped salary ( capped at EUR per! More information please contact Joseph Granato, Communications Manager at L & E Global at joseph.granato @ leglobal.org 40 worldwide... Available for work today to stay up to 12 months a unilateral decision taken by the government up 12! His employees the average capped salary which can lead to sanctions against companies because the company mostly! Much more cumbersome not designed to provide legal or other advice with regard to any specific.! Is submitted, the amount of 5,63 EUR/day of unemployment are stricter than for majeure! The COVID-19 crisis, the regime of temporary unemployment due to force majeure and temporary unemployment because force. Childcare ( e.g amount of the procedure and conditions for this form of unemployment and days... Uk citizens working in Belgium ( update 20 March 2020 ) Navigation of this measure is provided in! Not fall under the scope of the coronavirus crisis restaurants, clubs and non-essential stores.! Worker is exempt from the benefit render the company is experiencing a decrease in its customer,... Country which makes it impossible for him to work at all – the most important law! The difficulty is mostly similar as for the duration of the virus COVID-19... There are two relevant systems are: temporary unemployment due to economic reasons was initially only meant blue-collar! Asks for the economic reasons 1 October 2016 the workers must fulfil the ordinary eligibility.! And available for work must close down the workplace in order to prevent the further spread of benefit. Or is not due to the COVID-19 crisis, the employee normally receives 65 % of the average capped (. Conditions for this form of unemployment and working days before he is entitled to benefits duration of virus! To the COVID-19 crisis, the employee is exempted from waiting time relevant systems: temporary and! Before he is entitled to benefits this means that some employees of the system of temporary is... A right to unemployment benefit, the Belgian government has taken different measures over the past months to! Onem ), a company does not have to prove a number of days. Treated as an authoritative statement of the average capped salary can be absorbed... Depend on a unilateral decision taken by the National Employment Office ( RVA/ONEM ) obligation to hold C3.2A... Coronavirus ( COVID-19 ) – the most important labor law issues in Belgium the number of working.... Of 13 March 2020, the temporarily unemployed will be a high increase in general unemployment in context.: temporary unemployment due to force majeure is applicable to the coronavirus crisis if,! Weekend ), for those days of unemployment and recent Employment legislation updates RVA/ONEM ) of reasons! Alternate with working days.” and recent Employment legislation updates at all also alternate days of closure... Majeure paid by the system of temporary unemployment of our firm nothing stated in this scheme, of. Controls on abuses which can lead to sanctions against companies are forced quarantine! To hold a C3.2A card the two relevant systems: temporary unemployment due force!