Coronavirus: mandatory declaration of persons present at the workplace from April

Author: Catherine Mairy (Legal Expert)
Date:

As announced at the Consultative Committee of 24 March 2021, employers will henceforth have to register (declare) the persons present at the workplace.

This measure is part of the ramped up and tightened controls on teleworking.

Which employers?

The obligation to declare the persons present at the workplace applies to all employers, with the exception of those companies that are obliged to be completely closed.

Important note! The employer must still provide employees who cannot telework from home with a certificate confirming the necessity of their presence at the workplace.

To whom?

The declaration must be made to the National Social Security Office (NSSO) on www.socialsecurity.be.

Which data?

The employer must declare the following, for each establishment unit:

  • the total number of persons employed by the company on the first working day of the month;
  • the number of persons employed by the company on the first working day of the month who have a job that cannot be practised via teleworking from home (= job incompatible with teleworking from home).

Important note! 'Persons employed by' is understood to mean not only the employees, but also other categories of persons, such as, for example, temporary agency workers made use of by the company on a structural basis, the personnel of another employer with whom the company works on a structural basis, etc.

=> Consult the instructions of the NSSO to find out exactly which persons you need to take into account in your declaration.

When?

The declaration must be submitted:

  • each month:
  • at the latest on the sixth working day of the month.

What now?

The declaration is mandatory from April 2021 to June 2021.

This means that the declaration must be submitted:

  • for the situation on 1 April 2021 (= first working day of April 2021): at the latest on Tuesday 6 April 2021;
  • for the situation on 3 May 2021 (= first working day of May 2021) at the latest on Thursday 6 May 2021;
  • for the situation on 1 June 2021 (= first working day of June 2021) at the latest on Sunday 6 June 2021.

The declaration must be made on www.socialsecurity.be.

=> All instructions for completing the declaration are available on www.socialsecurity.be.

Sources: Ministerial Decree of 26 March 2021 amending the Ministerial Decree of 28 October 2020 on urgent measures to limit the spread of the coronavirus COVID-19, Belgian Official Gazette of 26 March 2021; www.socialsecurity.be.

 

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