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The scheme of temporary economic unemployment “energy”, initially scheduled to run until 31 December 2022, is extended until 31 March 2023.
We remind that this is a special scheme introduced to help energy-intensive companies.
Further clarification is provided by the ONEm/RVA and a law of 30 October 2022.
Below we give a summary.
We remind that the employer must be able to demonstrate:
Please note! The ONEm/RVA specifies that the concept of added value is the difference (on the basis of the annual accounts) between:
or
Please note! The 30 October 2022 law specifies that if the company was not yet established in the same quarter of the previous year, the employer may prove that its final energy bill doubled compared to the energy bill the company would have paid in that quarter based on then-current energy prices.
The C106A-ENERGY form has been adapted for this purpose.
Note - These criteria may be deviated from:
An employer who uses “energy” unemployment can choose between:
The ONEm/RVA clarifies:
Undue payment of temporary unemployment benefits occurs when an employer wrongly claims “energy” unemployment as a reason for not providing work to a worker.
The law of 30 October 2022 allows the ONEm/RVA, during the period from 1 October 2022 to 31 March 2023 (a period that can be extended by royal decree), to claim back from the employer rather than from the worker the benefits unduly paid to the latter.
The procedure goes as follows:
Do you have questions about the introduction of “energy” unemployment in your company? Do not hesitate to contact our Legal Partners via legalpartners@partena.be.
Sources: www.onem.be; Law of 30 October 2022 on temporary support measures following the energy crisis, Belgian Official Gazette of 3 November 2022.
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