Labour deal: transition path

The labour deal provides for the possibility of hiring out a worker to a user as part of a transition path as of 20 November 2022.

The aim is to create an additional facility for the worker in his/her transition to and search for another job.

As a reminder, hiring out workers to users is prohibited, subject to the exceptions provided for in the Act of 24 July 1987 on temporary work, temporary agency work and hiring out workers to users.

Therefore, the labour deal provided for an additional exception to this rule.

Workers concerned

Only workers who were dismissed and must work out their notice period are eligible for a transition path.

Employer’s offer or worker’s demand

A transition path may:

• either be offered to the worker by the employer who dismissed him/her with a notice period;
• or be requested by the worker from the employer who dismissed him/her with a notice period.

Hiring out to a user

During the notice period, the worker who benefits from a transition path is hired out to a user through a temporary employment agency or a regional public employment service.

Procedure

The conditions and duration of the hiring-out period must be laid down in a written document:

• drawn up before the beginning of the hiring-out period;
• and signed by the employer, the user, the worker and the temporary employment agency or regional public employment service.

Duration

The hiring-out period has:

• a maximum duration equal to the duration of the notice period to be worked out;
• a minimum duration yet to be determined by Royal Decree.

Wage

The employer continues to pay wages to the hired-out worker during the hiring-out period.

He must pay him/her the amount of wages applicable with the user for the job he/she performs there.

If the current wage for the job performed at the employer's exceeds the remuneration at the user's, the employer is obliged to pay the worker the amount of the current wage (at the employer's); however, the user must compensate a portion of this wage by payment to the employer.

Obligations of the user

During the hiring-out period, the user is responsible for the application of the legislation on the regulation and protection of labour applicable at the place of work (as referred to in Article 19 of the Act of 24 July 1987).

End of the transition path

Early termination of the transition path 

The user and the hired-out worker have the right to end the transition path early:

• by giving written notice to the other party and the employer;
• the period of which, calculated on the basis of the seniority accrued since the beginning of the transition path, is in accordance with the provisions of Article 37/2, § 1 or § 2 of the Employment Contracts Act of 3 July 1978, depending on whether the termination comes from the user or the worker.

The worker to whom the user has given notice of termination shall also have the right to terminate the transition path with immediate effect by means of a counter notice.

End of the transition path at the anticipated end date and conclusion of an employment contract

If the transition path was completed, the user must employ the worker with an employment contract for an indefinite period.

The following must be taken into account:

• the seniority accrued under the previous employment contract for the application of the provisions on career breaks, time credit, including thematic leave;
• the seniority accrued during the transition path in case of termination of the employment contract for an indefinite period.

Important note! If the user does not employ the worker at the end of the hiring-out period with an employment contract for an indefinite period, the user will owe the worker compensation equal to the current wage corresponding to half the duration of the transition path.

Source: Law of 3 October 2022 containing various work-related provisions, Belgian Official Gazette of 10 November 2022.