Extension of flexible corona unemployment until 31 December: new ONEm/RVA instruction

Author: Els Poelman (Legal Expert)
Date:

The ONEm/RVA has published a new instruction for the extension of flexible corona unemployment until 31 December. For severely affected sectors, the application procedure is adjusted. 

What’s new?

As a reminder, flexible corona unemployment as a general measure ended on 31 August. Until 31 December, two groups of companies can continue to use it:

  1. companies with at least 20% temporary unemployment in the 2nd quarter of 2020;
  2. companies of the sectors severely affected by measures decided on by the National Security Council.

We refer to our Infoflash of 28 August 2020.

The ONEm/RVA had already set up a procedure in which all companies wishing to continue flexible corona unemployment after 31 August had to submit an application containing minimal data. However, this procedure has proved to be inefficient for the severely affected sectors and has therefore been adjusted: 

  • companies belonging to a sector that is entirely 'severely affected' are exempted from the requirement to apply to the ONEm/RVA
  • companies belonging to a sector where only certain activities are ‘severely affected’ must submit an application containing information at employee level.

The final list of ‘severely affected’ sectors

The ONEm/RVA published this final list on 4 September, as an annex to the application form.

JC no.

Competence JC

Severely affected sectors = limited to the following activities

100

auxiliary JC for manual workers

  • activities related to the organisation of events and fairs
  • travel agencies

109

clothing and tailoring business

rental and installation of tents

111

metal, mechanical and electrical construction

  • aeronautical activities
  • maintenance and repair of aircraft used for the carriage of passengers
  • construction and assembly in function of stage building

126

furniture and woodworking industry

  • rental and installation of equipment for fairs, exhibitions and festivities
  • building, rental and installation of stands, decors, grandstands 
  • rental of spaces for exhibitions, fairs, festivities, the display of merchandise, permanent or otherwise, events of any kind
  • setting up of stands, exhibitions, fairs

139

inland navigation

pleasure craft for tourist purposes

140.01

buses and coaches

touring coaches

140.02

taxis

all activities

140.04

ground handling in airports

activities relating to the carriage of persons by air

149.01

electricity - installation and distribution

installation of sound and image installations as part of the organisation of events

200

auxiliary JC non-manual workers

  • activities related to the organisation of events and fairs
  • travel agencies

209

non-manual workers metal industry

  • aeronautical activities
  • maintenance and repair of aircraft used for the carriage of passengers

215

non-manual workers clothing and tailoring business

rental and installation of tents

226

non-manual workers international trade, transport and logistics

activities relating to the carriage of persons by air

227

audio-visual sector

 

all activities

302

hotels

all activities

303.03

operation of cinema halls

all activities

304

entertainment industry

all activities

314

hairdressing and beauty care

operation of jacuzzis, steam rooms and hammams

315

commercial aviation

activities relating to the carriage of persons by air

329

socio-cultural sector

all activities

333

tourist attractions

all activities

Companies that may continue the flexible corona unemployment until 31 December 2020, without submitting an application to the ONEm/RVA

These are the companies belonging to the sectors that are considered entirely as 'severely affected':

JC 140.02: taxis

JC 227: audiovisual sector

JC 302: hospitality sector

JC 303.03: operation of cinema halls

JC 304: entertainment industry

JC 329: socio-cultural sector

JC 333: tourist attractions

Most of these companies had a temporary unemployment rate of 20% in the 2nd quarter of 2020 and have already registered an application with the ONEm/RVA on that basis. It now appears that this application actually was not necessary, a consequence of the late and retroactive adaptation of the regulations and procedure.

Companies that may continue the flexible corona unemployment until 31 December 2020, after registering an application with the ONEm/RVA

Companies that do NOT belong to the sectors that are considered entirely as 'severely affected’ may continue to apply the flexible corona unemployment if:

  • they meet certain conditions: either demonstrate a temporary unemployment rate of 20% in the 2nd quarter of 2020, or carry out activities that are ‘severely affected’;
  • AND for that purpose, register an application form C106A corona-HGO with the ONEm/RVA.

In practice, these companies must submit an application on the basis of one of the following criteria:

 

1.  In the 2nd quarter of 2020, the company has experienced at least 20% temporary unemployment

See our Infoflashes of 17 July and 31 July.

The application is made on the basis of section III of the form C106A corona-HGO

If approved by the ONEm/RVA, the flexible corona unemployment can be applied until 31 December, for all employees of the company.

This criterion has priority in the workflow of the application form. Companies belonging to group 2 below and that have reached the 20% threshold for temporary unemployment are invited to submit their application on that basis.

2. The company belongs to a sector partially included in the list of sectors (JC 100 - 109 - 111 - 126 - 139 - 140.01 - 140.04 - 149.01 - 200 - 209 - 215 - 226 - 314 - 315) and carries out a  ‘seriously affected’ activity

The application is made on the basis of section II of the form C106A corona-HGO.

In this section, the ONEm/RVA asks for the identity of the employees carrying out the ‘severely affected’ activity.

If approved by the ONEm/RVA, the flexible corona unemployment can be applied until 31 December but only for the employees mentioned in the application.

Companies that carry out mixed activities (one 'severely affected’, the other not) can only continue to apply the flexible corona unemployment for the employees employed in the 'severely affected' activity (and whose identity is mentioned in the application form).

If employees would join the 'severely affected' activity (e.g. due to a change of position) in the period up to 31 December, an additional list will be sent to the competent unemployment office with reference to the application form already registered.

Continuation of the procedure

The completed and signed form must be forwarded to the ONEm/RVA via the e-mail address of the unemployment office competent for the registered office of the company.

The ONEm/RVA undertakes to respond within two weeks. In the event of a positive response, the ONEm/RVA registers the company number concerned (CBE) and the company can apply the flexible corona unemployment until 31 December. For companies carrying out severely affected activities, this authorisation is limited to the employees whose identity is mentioned in the application.

The regulations do not stipulate a time limit for submission, but in practice it is advisable to submit the form before the first day of unemployment following 31 August.

Companies not included in the list of sectors and not fulfilling the criterion of 20% temporary unemployment

These companies must switch to a normal scheme of economic unemployment or suspension for non-manual workers. Until 31 December 2020, both systems have been made more flexible. Refer to our Infoflashes of 9 July, 31 July and 27 August.

 

 

Source: website ONEm/RVA.

The Partena Professional website is a channel for making information available in an understandable form to affiliated members and non-members.

Partena Professional strives to provide up-to-date information and this information is compiled with the greatest care (including in the form of Infoflashes).

However, as social and fiscal legislation is constantly changing, Partena Professional cannot accept any liability for the correctness, the up-to-date or the completeness of the information consulted or exchanged via this website.

Further provisions can be read in our general disclaimer that applies to every consultation of this website. By consulting this website, you expressly accept the provisions of this disclaimer. Partena Professional can unilaterally change the content of this disclaimer.