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temporary unemployment belgium

12 stycznia 2021

For workers whose company is forced to close by the government (e.g. L&E Global Webinar: Diversity and Inclusion: What is or is not allowed? There are two types of temporary unemployment: Finally, the system of temporary unemployment is only partially applicable to public companies. 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. 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. The sooner this declaration is submitted, the sooner the employees will receive their benefits. In case of force majeure, a company does not have to be closed down completely. For specific advice, please contact a lawyer of our firm. Which of these two forms is the one applicable to the coronavirus outbreak? Until 30 June 2020, the amount of the benefit will be temporarily increased to 70% of the average capped salary. The procedure becomes more difficult when the consequences of the virus do not make it impossible to employ the workers (e.g. Therefore, he does not have to prove a number of working days before he is entitled to benefits. 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. From Employment Matters - Europe: In this episode, we discuss remote working in Belgium, temporary unemployment and recent employment legislation updates. 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. Employees will benefit from a temporary increase of their allowance in the event of temporary unemployment. 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. 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). In response to the COVID-19 crisis, the Belgian government has taken different measures over the past months. … because the company is hit by a decrease in its customer base, production, turnover, orders, etc. Under certain conditions, the employee can benefit from benefits for temporary unemployment due to force majeure paid by the NEO. 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. 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). 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. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA/ONEM). 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. This file does not have to be submitted in the case of an imposed (at least partial) closure by the government. If an employee chooses to end a contract, a specified period must elapse before unemployment benefit is payable in Belgium. Workers can also alternate days of unemployment and working days. “Now we’re up to 31,000 employees in 1,700 businesses. Initially, there are two relevant systems: temporary unemployment due to force majeure and temporary unemployment due to economic reasons. For workers who are forced in quarantine in another country which makes it impossible for him to work. 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. 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). Furthermore, civil servants do not fall under the scope of the system (neither force majeure, nor economic reasons). However, freelancers who were employed before working independentl… 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). The Coronavirus (COVID-19) crisis is affecting businesses in various ways. L&E Global Webinar: The Whistleblowing Directive: A Gamechanger? Only if it is clearly demonstrated that there was no childcare (e.g. 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. currently until 19 April (those these are very likely to be extended until 3 May). 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. Muylle estimated that this increase in citizens collecting temporary unemployment could cost the government up to €18 billion per month. Self-employed people are not entitled to unemployment benefit. For more information, visit https://www.vow.be/. He must mention ‘CORONAVIRUS’ as a reason for force majeure. Copyright © 2021 L&E Global. Belgium is making massive use of temporary unemployment in the context of the coronavirus crisis. During these four months, the temporarily unemployed will be exempt from the obligation to hold a C3.2A card. Jurisdictions Belgium There are two forms of temporary unemployment, the temporary unemployment due to force majeure and the temporary unemployment due to economic reasons. All Rights Reserved. NOTE: This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. 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. 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. 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. Two thirds were submitted very recently. for workers who cannot be employed due to the abolition of events, cultural activities, sports activities, closure of cinemas, etc. Author: Pieter Pecinovsky. Van Olmen & Wynant attorneys are available to assist you with these and other workplace issues. By Claeys & Engels. The two relevant systems are: temporary unemployment because of force majeure; and temporary unemployment because of … 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. Unemployment Rate in Belgium decreased to 6.10 percent in November from 6.30 percent in October of 2020. Otherwise your benefits may be reduced or temporarily suspended. In practice, this means that some employees of the same company may be temporarily unemployed and others may not. 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. 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. For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org. Exceptionally, therefore, in this scheme, days of unemployment may alternate with working days.”. The Belgian system of temporary unemployment is – as a result of the coronavirus pandemic – currently being used by more employers than ever before. The majority of the employees become ill. However, civil servants and students are not covered. 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. 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. 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. Table 2. Anyone who loses their job has a right to unemployment benefit as long as they fulfil certain criteria. The temporary unemployment due to force majeure is applicable to the coronavirus outbreak. In case of temporary unemployment due to force majeure, the worker is exempt from the waiting period. 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). It’s, however, essential to make sure there are no unintended consequences as a result of deploying temporary unemployment in the company. 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 … This possibility can be widely applied as from 13 March 2020. The workers might be forced to quarantine themselves. 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. 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. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide. Need information that is comprehensive and specific to a particular country? 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. 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