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In order to facilitate the introduction of economic unemployment for non-manual workers, the National Labour Council has concluded the collective labour agreement (CLA) No 147.
It entered into force on 18 March 2020 and is valid until 30 June 2020.
Employers who are temporarily unable to provide work for their employees due to a reduction in turnover, production, customer base or orders may, under certain conditions, have recourse to the system of temporary unemployment for economic reasons.
However, if the temporary unemployment is related to the coronavirus, it is best to apply for temporary unemployment due to force majeure. The formalities and the procedure for temporary unemployment due to force majeure have been considerably relaxed (see our Infoflash of 20 March 2020).
A company in difficulty that wishes to introduce temporary unemployment due to economic reasons for its non-manual workers must, in principle, be bound by a sectoral CLA. If the company is not bound by such a CLA, it must be bound by a company CLA or an approved company plan.
From now on, companies which are not currently bound by a sectoral CLA, a company CLA or a company plan can invoke CLA No 147 to introduce economic unemployment for non-manual workers. As a consequence, companies no longer have to conclude or draw up a company CLA or a company plan. However, all other formalities remain in force (see below: "Application for recognition as company in difficulty" and "Other formalities").
Important!
In order to apply the system of economic unemployment for non-manual workers, the company must be regarded as a company in difficulty.
A company is considered to be in difficulty when it is in one of the following situations:
In the current situation the employer will probably choose the 3rd option (the Minister of Employment recognizes that the company is in difficulty on the basis of unforeseen circumstances that will lead to a substantial decline in turnover, production or orders in the short term).
He will therefore have to submit an application for recognition as company in difficulty to the Director-General of the Directorate-General for Collective Labour Relations of the Federal Public Service Employment, Labour and Social Dialogue. The FPS Employment provides a template by means of which a company can apply to be recognized as company in difficulty. The application can also be submitted electronically.
More information: https://emploi.belgique.be/fr/themes/contrats-de-travail/suspension-du-contrat-de-travail/chomage-temporaire-pour-des-raisons
Important note! The employer must prove that he is confronted with unforeseen circumstances that will lead to a substantial decline in turnover, production or orders in the short term. Evidence of the substantial decline must be provided by means of VAT returns or any other documentary evidence. The company must also provide evidence of a causal connection between the unforeseen circumstances and the substantial decline in turnover, production, or orders.
CLA No 147 makes it easier to invoke economic unemployment for non-manual workers. However, all other formalities remain in force:
The employer can choose between two systems of economic unemployment:
In the case of a combination, over the same year, of systems of complete suspension of performance of the contract and systems of partial employment, two weeks in the system of partial employment shall count as one week in the system of complete suspension of performance of the contract.
The employer is obliged to pay the workers concerned a supplement to the unemployment benefit for each day not worked.
Employers who invoke CLA No 147 to introduce economic unemployment for non-manual workers shall be obliged to pay a supplement of EUR 5 per unemployment day.
Important note! The supplement shall be at least equivalent to:
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