Prohibition to subcontract work to third parties during the period of economic unemployment as a result of a lack of work for economic reasons: what’s new

The Act of 15 January 2018 establishing various provisions with regard to work stipulates that the reason for the lack of work justifying the temporary unemployment must not be of the employer’s own making.

Undertaking by the employer

The employer is prohibited to have recourse to temporary unemployment as a result of a lack of work for economic reasons for reasons of his own making.

This includes the situation where the employer subcontracts to third parties the work, which should have normally been carried out by the workers during the duration of the suspension of the performance of their employment contract as a result of a lack of work for economic reasons.

Indication of undertaking by the employer

The notification to the worker and the communication to the ONEm/RVA of the temporary unemployment must include the undertaking by the employer to comply with the provisions of article 30quinquies, paragraph 2 of the Employment Contract Act of 3 July 1978 regulating this prohibition.

Penalty for failure to comply with the undertaking

If the employer fails to comply with the undertaking, he must pay the normal wage to the worker for the days on which he has subcontracted to third parties the work that is normally carried out by this worker.

Entry into force

The above provisions enter into force on 15 February 2018.

Source: Act of 15 January 2018 establishing various provisions with regard to work, Belgian Official Gazette of 5 February 2018.

Author: Catherine Mairy

14/02/2018