JC 112 (for garage businesses): national agreement 2019-2020 has been concluded!

Author: Leen Lafourt
Date:

On 26 June 2019, the social partners of this joint committee concluded their 2019-2020 sector agreement. This agreement observes the maximum envelope for negotiation of 1.1% in 2019 and 2020 as prescribed by the R.D. of 19 April 2019.

Below, you will find a brief overview of the main subjects of the sector agreement. A detailed analysis will be included in our sector information.

Provisions with an impact on wages

Increase in wages

As from 1 July 2019:

  • the sectoral minimum hourly wages go up by 1.1 %;
  • the effective gross monthly wages will go up by 1.1%, except for companies where the available margin is allocated in an alternative way by means of a company envelope.

The procedure for enterprise level negotiations differs for enterprises with or without trade union delegation.

If no company consultation on the envelope is started or if the consultation does not lead to a CBA by 30 September 2019, the actual gross hourly wages will increase by 1.1% as from 1 July 2019.

Youth wages

Degressive wages for young people are not reinstated, except for student workers.

Year-end bonus

Changes from 01 January 2020:

  • manual workers no longer have to have 3 months' seniority to be entitled to an end-of-year bonus;
  • suspensions of the employment contract due to prophylactic leave, adoption leave, foster parent leave, max. 3 months' leave for providing medical assistance/per reference period/manual worker and palliative leave are treated as actual days worked.
  • the requirement that the end-of-year bonus on termination by mutual agreement may only be granted if the written agreement does not contain a clause concerning the end-of-year bonus, is deleted.

Social Fund

Additional allowance in the event of time credit

Be entitled to an additional allowance paid by the Social Security Fund:

  • manual workers aged 60 who benefit from a 1/5th or 1/2th end-of-career job (CBA No. 103);
  • Manual workers aged 55 years and over (1/5th career reduction) and from the age of 57 (career reduction to a half-time job).

Additional allowance in the event of career counselling

From 1 July 2019 to 30 June 2021, a manual worker who, as a result of a career interview or on his own initiative, requests career counselling is entitled to a reimbursement of the costs by the Social Security Fund.

This reimbursement is equal to the cost price of the career cheque(s) ordered with the VDAB or amounts to a maximum of 80 EUR/6 years (if the manual worker is not entitled to career vouchers).

Reimbursement of childcare costs

For the period from 1 January 2019 to 31 December 2021, the Social Security Fund will reimburse the costs of childcare for children under the age of 3.

The reimbursement amounts to 3 EUR per day and per child, with a maximum of 300 EUR per year and per child.

Additional allowance in the event of career change

From 1 July 2019 to 30 June 2021, manual workers of at least 58 years of age can make a career change:

  • with the agreement of the employer,
  • on a voluntary basis,
  • as part of their career planning.

A career change can take various forms:

  • a transition to an alternative position;
  • an appointment as mentor in the context of a sponsorship programme;
  • a work schedule in shifts or a night-time work schedule to a daytime work schedule;
  • a transition from a full-time employment to a 4/5th employment (only possible from the age of 60).

A manual worker who makes a career change is entitled to a gross monthly allowance. This allowance compensates the difference between the gross salary after the career change and the gross salary for normal hours worked during the month preceding the career change, with a maximum of 160 EUR gross/month.

Additional allowance in the event of incapacity for work

After at least 30 days of continuous incapacity for work due to an illness or an accident (with the exception of an occupational disease or an accident at work), the manual worker shall receive an additional allowance for a maximum of 36 months.

Indexation

On 1 July 2019, all additional allowances will be indexed by 4.11 % up to:

  • 12.70 EUR/unemployment benefit and 6.35 EUR/half unemployment benefit in the event of temporary unemployment;
  • 5.83 EUR/unemployment benefit and 2.93 EUR/half unemployment benefit in the event of full unemployment and for older unemployed;
  • 2.44 EUR/INAMI-RIZIV allowance and 1.22 EUR/half INAMI-RIZIV allowance in the event of an illness;
  • 8.33 EUR/INAMI-RIZIV allowance and 4.16 EUR/half INAMI-RIZIV allowance for older sick persons;
  • 288.92 EUR + 14.58 EUR/year with a maximum of 952.96 EUR in the event of closing of the company;
  • 72.23 EUR in the event of half-time time credit;
  • 72.23 EUR for a half time end-of-career job and 28.89 EUR for a 1/5th end-of-career job.

Feasible work

The social partners take the following additional initiatives:

  • Every manual worker is entitled to min. 1 career interview/5 years of employment;
  • From 1 July 2019, manual workers aged 58 and over can make a career change with the agreement of their employer and on a voluntary basis (see above);

Suspension of the employment contract

Seniority leave

As from 1 July 2019, 1 day of seniority leave is granted as from 18 years of seniority in the company.

Leave of absence

In the event of decease, leave of absence can be taken up for 30 days from the day following the decease.

The manual worker is entitled to 5 days of leave of absence to choose freely during a period beginning with the day before the decease and ending 30 days after the day of the decease in the event of decease of:

  • his/her spouse;
  • his own child or a child of his/her spouse;
  • a child he/she raised;
  • his/her father, mother, father-in-law, stepfather, mother-in-law or stepmother;
  • if these people are living with the worker.

Standby

From 1 July 2019, the manual worker will, at his request, be entitled to an 11-hour rest period between hours worked under the standby schedule and the start of his normal working schedule.

Working time and flexibility

Extension of the reference period

From 1 July 2019 until 30 June 2021, the reference period of a quarter, is extended to 6 months in application of art. 26a § 1 and § 1a of the Labour Law of 16 March 1971.

Introduction of new work regimes.

From 1 July 2019, tyre centres (whose main activity is repairing tyres, changing tyres, balancing) and two wheeler manufacturers companies (whose main activity is NACE code 45402) will be able to introduce the following new working arrangements:

  • For two wheeler manufacturers companies:
    • A peak period of maximum 6 weeks in the months of April, May and June;
    • The hours worked during the peak period shall be compensated before 31 December of the same calendar year;
    • During the peak period, workers cannot work more than 10h/day and 45h/week;

Paid additional time off in lieu is granted, whereby 1 worked hour at peak times = 1.5 hours of time off in lieu during off-peak times.

  • For tyre centres:
    • A peak period of max. 6 weeks in the months of October, November and December;
    • The hours worked during the peak period shall be compensated before 30 September of the following calendar year;
    • During the peak period, workers cannot work more than 10h/day and 50h/week;
    • Paid additional time off in lieu is granted, whereby for hours worked between 38h and 44h/week at peak times:
      •  1 hour worked during a peak moment = 1.5 hours of time off in lieu during off-peak moments
      • and for hours worked between 44h and 50h/week: 1 hour worked during peak times = 2 hours of time off in lieu during off-peak moments.

The introduction of a new work regime is different for companies employing 15 or more manual workers or employing less than 15 manual workers. In addition, the new work regime can only be introduced if a number of conditions are met.

Voluntary overtime and internal limit

Provided that a company-CBA is concluded before 30 June 2020:

  • the number of voluntary overtime hours that do not count for the internal threshold can be increased from 25 hours to a maximum of 60 hours until 30 June 2021 at the latest.
  • the number of voluntary overtime hours can be increased from 120 hours to a maximum of 150 hours/calendar year (until 30 June 2021 at the latest).

Participation and consultation

Employee representation

Extension of the provisions on the representation of employees included in art. 20 of the National Agreement 2017-2018.

Determination of the number of employees for the trade union delegation

As from 1 October 2019, the number of manual workers employed in the company will be determined on the basis of the entry in the personnel register on 1 October of the year in which the establishment of a trade union delegation is requested.

Notification obligation of employer groups

As of 1 July 2019, the notification obligation also applies to employer groups.

Trade union training

From 1 July 2020, trade union representatives will be entitled to 12 days' absence to follow training courses and seminars per fixed term and per 4-year term of office.

Outplacement

From 1 October 2019 to 30 June 2021, the outplacement will take on a collective character under the following conditions:

  • 1,300 EUR borne by the Social Security Fund and 500 EUR borne by the employer;
  • The quality control is done by Educam;
  • The collective character does not apply:
    •  in the event of a dismissal due to medical force majeure;
    • if the manual worker is dismissed with a severance payment corresponding to at least 30 weeks' wages.

Scheme of unemployment with corporate allowance (RCC/SWT)

For the period from 1 January 2019 to 30 June 2021, the manual workers of this JC are entitled to:

  • RCC/SWT from the age of 59 years after an occupational history of 40 years.
  • RCC/SWT from the age of 59 after an occupational history of 35 years in an arduous occupation;
  • RCC/SWT from the age of 59 after an occupational history of 33 years of which 20 years of night work;
  • SWT/RCC from the age of 59 after an occupational history of 33 years in an arduous occupation.

Manual workers can ask to be exempted from the obligation of adapted availability.

The Social Security Fund pays the additional fee.

Time credit and end-of-career jobs

Half-time and full-time time credit with motive

As of 1 July 2019, the right to half-time and full-time time credit can be extended through a company CBA up to:

  • to 51 months for the motive of providing care.
  • to 36 months for the motive of pursuing a training course.

End-of-career jobs with benefits

Workers with a long occupational history or an arduous profession are entitled to:

  • a 1/5 end-of career job with benefits as from the age of 55;
  • a half-time end-of career job with benefits as from the age of 57.

Incentive bonuses

The manual workers of this JC can avail of the incentive bonuses in force in the Flemish Region, i.e.

  • care credit;
  • training credit
  • companies in difficulties or undergoing restructuring

Training

Growth path

The social partners are providing a growth path with a view to increasing the number of training days in the long term. This growth path is realised by undertaking various actions at EDUCAM.

Education clause

Cannot be included in a training clause:

  • free training organized by Educam;
  • training for which a premium was paid to the employer;
  • training required by law or regulations.

Intake

The social partners are taking various initiatives to promote intake:

  • An employer who, from 1 July 2019 to 30 June 2021, hires a manual worker new to the sector with an employment contract for an indefinite period is entitled to 4 training days from EDUCAM's offer for this manual worker.

After 6 months of seniority, this manual worker has the right to choose 1 training day from EDUCAM’s offer.

This training also entitles the student to a premium credit of 100 EUR per training day.

  • Within the framework of the mentorship training, an employer is entitled to one return moment. For this return moment, from 1 July 2019 to 30 June 2021, the employer is entitled to a premium credit of 100 EUR (8 hours) and 50 EUR (4 hours)

Duration

This national agreement is valid from 1 January 2019 until 31 December 2020, unless otherwise specified.

More information

This sector agreement will only become final after publication on the website of the FPS Employment, Labour and Social Dialogue. We will keep you informed.

 

Source: Collective bargaining agreement of 26 June 2019 on the national agreement - JC 112 for garage businesses