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Now that the summer holidays have started, holiday requests from your employees are undoubtedly flooding in.
If you intend to make use of temporary unemployment 'corona' during this period, it is important to make a clear distinction between these two types of suspension of the employment contract. In this way, you can avoid improper use of temporary unemployment 'corona' or annual leave.
In the absence of a collective agreement, the days of leave are determined in an individual agreement between you and the employee.
If you accept your employee's request for leave for a certain period, the employee will be able to take time off work and freely enjoy this time off.
These days of leave will either be covered by holiday pay that you pay (for non-manual workers) or by a holiday voucher payable by the National Office for annual leave (ONVA/RJV) (for manual workers).
Important!
If you can invoke the operational requirements of the company to refuse a holiday period, you must in any case comply with the rules of granting leave laid down in the regulations, such as among others:
You can make use of temporary unemployment 'corona' for some or all staff members in certain situations (linked to the coronavirus crisis) that the National Employment Office (ONEm/RVA) has specified (see the NEO’s FAQ on this subject ). These include among others:
The employee may be made temporarily unemployed due to corona during all days of the week or only a few days per week or per month. Moreover, the employer may always recall an employee for whom a day of temporary unemployment 'corona' was planned, depending on the needs and the evolution of the situation in his company.
For the days of temporary unemployment 'corona', the employee receives a benefit from the NEO equal to 70% of his wage (limited to € 2,754.76 gross per month).
These principles, which make a clear distinction between the two causes of suspension of the employment contract, remind us not to confuse 'days of leave' with 'days of temporary unemployment 'corona''.
Therefore, you cannot use days of temporary unemployment 'corona' to replace days of leave or to cover a holiday period. In fact, the purpose of these two causes of suspension of the contract is quite different! Take, for example, the case of an employee who requests two weeks' holiday in July. If you agree to grant only one week's holiday and make the employee temporarily unemployed due to corona in the 2nd week, you have clearly replaced one week's holiday by one week's temporary unemployment 'corona'. This is undoubtedly improper use of temporary unemployment 'corona'.
Moreover, the employee would not be able to go abroad during a period of temporary unemployment 'corona', as he could be recalled to work on the basis of the company's operational requirements.
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