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Some of your part-time workers may wish to increase their work regime. If one of your part-time workers requests so in writing, you are obliged to inform him of job vacancies for the same position and for which he has the required qualifications. If you do not inform him hereof, you will be required to pay an ‘accountability contribution’.
The details of this obligation dating from 1990 have now been clarified.
Not covered by this priority:
Once a part-time worker has applied for a vacancy, the employer must notify him of any full-time or part-time employment of which the work regime is higher than his current employment. This notification must only be made when the increase will have a minimum duration of one uninterrupted month or will be of indefinite duration.
The adjustment of the work regime is done either by means of a new employment contract or by means of an annexe to the existing employment contract.
From the day following the day on which an employment became vacant, the employer has one month to notify the worker. It can be done by registered letter, by written notice of which the duplicate is signed for receipt by the worker or electronically with acknowledgement of receipt.
The employer must determine the term within which the worker must react and indicate it in the notification. This term can vary between 1 week and 1 month.
The notification must contain certain mandatory information:
A copy of this notification must be kept for 7 years in paper or electronic format.
When the part-time worker with maintenance of right who has received the notification of a vacancy refuses this job, the employer is obliged to inform the regional unemployment office of the ONEm/RVA. This notice must be sent by means of de Social Risk Declaration - scenario 6 of the month in which the part-time worker did not accept the full-time employment or the part-time employment with a higher average weekly duration.
The accountability contribution is a fine for an employer who does not comply with the priority and notification rules described above.
This fine will be effective from the 2nd quarter of 2020.
The employer could be liable for an accountability contribution only for:
It is due from the quarter following the 4 quarters in which at least one additional hour was available and no part-time worker receiving an income guarantee allowance, employed by the employer, was granted the available additional hour(s) as a priority so that his average contractual weekly working time did not increase.
‘Allocating additional hours’ means that the worker's average contractual weekly working time is increased either by adapting the employment contract or by replacing the employment contract with a new one.
The accountability contribution is not due for the worker for whom the employer can demonstrate:
The accountability contribution amounts to €25 per month per worker referred to above and is due for a full quarter. No pro rata rules are to be applied.
The accountability contribution is no longer due as from:
- the list of employers who have not provided the requested justification within one month after the date on which the NSSO invitation (cfr. 3) was
- the justifications referred to in 3)
- the list of workers concerned
The NSSO is responsible for collecting this contribution. It will provide a Dmfa declaration code as from the 2nd quarter of 2020.
Source: Royal Decree implementing the provisions of the Programme Act of 22 December 1989 relating to the priority of part-time workers in obtaining a vacant employment with their employer, Belgian Official Gazette 15.05.2019.
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