Care and education sectors: temporary unemployment “Ukraine” suspends notice!

Author: Catherine Legardien (Legal Expert)
Date:

As from 10 June 2022, the days of temporary unemployment due to force majeure as a result of the war situation in the Ukraine suspend the notice period served by the employer.

However, mind that this rule only applies to the care and education sectors. We will keep you informed if this measure is extended to other sectors.

What is the principle?

Only the days of temporary unemployment due to force majeure as a result of the war situation in the Ukraine (hereinafter 'temporary unemployment “Ukraine”) as from 10 June 2022 suspend the notice period served by the employer (in case of dismissal), provided that the notice period began from 1 April 2022.

This currently only applies to the care and education sectors.

What happens specifically when the employer gives notice (dismissal)?

Several cases may occur.

The notice period began from 1 April 2022 (after 31 March 2022)

If the notice period began from 1 April 2022, only the days of temporary unemployment “Ukraine” from 10 June 2022 will suspend the notice period.

Example: An employee was dismissed with 26 weeks' notice starting on 11 April 2022. Since the beginning of his notice period, he was in temporary unemployment “Ukraine” 2 days a week, on Thursdays and Fridays. Only the days of temporary unemployment “Ukraine” from 10 June 2022 will suspend the notice period.

The notice period began before 1 April 2022

If the notice period began before 1 April 2022, the days of temporary unemployment corona do not suspend the notice period (whether or not they precede …). In other words, the notice period that began before 1 April 2022 will never be suspended because of the days of temporary unemployment “Ukraine”. The new rule therefore has no impact on it.

Example: An employee was dismissed with 26 weeks' notice starting on 28 March 2022. Since the beginning of his notice period, he was in temporary unemployment “Ukraine” 2 days a week, on Thursdays and Fridays. No day of temporary unemployment corona will suspend the notice period.

The notice period ended before 10 June 2022

If the notice period ended before 10 June 2022, the new rule will have no impact, regardless of whether the notice period started before or as from 1 April 2022.

Example: An employee was dismissed with 5 weeks' notice starting on 11 April 2022. Since the beginning of his notice period, he was in temporary unemployment “Ukraine” 2 days a week, on Thursdays and Fridays. The notice period ended on 15 May 2022. The new rule will have no impact on it.

What if the employee gives notice (resignation)?

When the employee gives notice (resignation), the rules do not change. The days of temporary unemployment corona do not suspend the notice period.

Source: law of 8 May 2022  on the extension of various labour law measures for the benefit of the care and education sectors in the context of the fight against the spread of the COVID-19 coronavirus, on the suspension of the notice period given by the employer during a period of temporary unemployment due to force majeure resulting from the war situation in Ukraine and on the schooling clause, Belgian Official Gazette 10.06.2022.

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