Employment plan for older employees: time to think about it (again)!

Certain companies must draw up a plan meant to maintain or increase the employment of employees aged 45 and older.

This obligation is laid down in the collective labour agreement No. 104 of 27 June 2012 on the implementation of an employment plan for older employees in the company.

Employers concerned

Only the companies with more than 20 employees on 2 January 2021, must draw up an employment plan for older employees in the course of the first months of 2021.

The following factors must be taken into account when determining the number of employees employed:

• the employees in full-time equivalents in the company on 2 January 2021 on the basis of the Dimona declarations
• and, when appropriate, the temporary employees in full-time equivalents in the (user) company on 2 January 2021.

Important! The obtained number of employees (in 2021) is fixed for 4 years (until 2025), regardless of any subsequent changes in the number of employees employed.

Contents of the employment plan for older employees

The employment plan for older employees must contain the following:

• on the one hand, annual/long-term measures meant to maintain/increase the number of employees of at least 45 years of age in the company;
• and, on the other hand, administrative information.

Procedure and time limits

The employment plan for older employees must be implemented after completion of a process of information and consultation of the employees (representatives) in the company.

The first step of this process is the presentation to the employees (representatives) of a draft employment plan within, in principle, three months following the end of the financial year (following the annual information on the economic and financial situation and the employment in the company), i.e. no later than 31 March.

How can Partena Professional help you fulfil your obligations?

Partena Professional proposes two specific solutions for drawing up your employment plan for older employees:

• an ‘Employment plan for older employees’ kit, consisting of an explanatory note, a series of slides for the employees (representatives) and the standard model of the plan drawn up by the National Labour Council (kit available in Dutch, French and German);
• special guidance.

Contact our Legal Partners via legal@partena.be for more information.

Source: collective labour agreement No. 104 of 27 June 2012 on the implementation of an employment plan for older employees in the company, which entered into force on 1 January 2013 (Royal Decree of 24 October 2012, Belgian Official Gazette of 8 November 2012, 2nd edition).