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In order to maintain easier access to temporary unemployment for economic reasons for non-manual workers, the National Labour Council has concluded collective labour agreement (CLA) No. 148.
This agreement extends CLA No. 147, which was in force until 30 June 2020.
CLA No. 148 has been concluded for a fixed term from 1 July 2020 to 31 December 2021.
When a company wishes to make use of the system of temporary unemployment due to lack of work for economic reasons for its non-manual workers, it must among others be bound by a CLA (in the sector or company) or by a company plan.
If it does not meet this condition, the company can now invoke CLA No. 148 to introduce economic unemployment for non-manual workers, both under the general (classic) system and under the (relaxed) transitional regime.
We will now take a closer look at CLA No. 148.
In the general (classic) system
CLA No. 148 can be invoked:
As a reminder, a company in difficulty is a company that is confronted with one of the following situations:
Important note!
In the (relaxed) transitional regime
In other words, the company does not have to conclude a CLA or company plan during this period.
As a reminder, under the transitional regime, the company must not be recognized as being in difficulty. However, the employer will among others have to be able to demonstrate that he has been faced with a substantial decrease of at least 10% in turnover or production in the quarter preceding the application for the introduction of economic unemployment, compared with the same quarter in 2019.
CLA No. 148 does not change the maximum allowed duration of economic unemployment.
As a reminder, the maximum duration of economic unemployment per calendar year is set:
Important note! The start and end dates of the period of economic unemployment must fall during the period of validity of CLA No. 148.
CLA No. 148 does not change the formalities to be completed by the employer before the non-manual workers are placed on economic unemployment.
As a reminder, under both the general (classic) system or the (relaxed) transitional regime, the employer must among others:
An employer who invokes CLA No. 148 is liable to pay the non-manual worker placed on economic unemployment a supplement of €5,63 per day of unemployment.
Important note! This supplement shall be at least equivalent to:
Source: CLA No .148 of 7 October 2020 establishing a scheme of complete suspension of the performance of the employment contract and/or a partial employment scheme due to lack of work for economic reasons for non-manual workers as a result of the coronavirus crisis, www.cnt-nar.be.
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