RCC/SWT - Electronic form to apply for an exemption from replacement

Author: Laurence Philippe (Legal Expert)
Date:

An employer who dismisses an employee for the purposes of obtaining the system of unemployment with company supplement (RCC/SWT) must replace that bridging pensioner. In three cases, he can be exempted from the obligation to replace this employee. Some applications can now be submitted on-line.

Exemption from the obligation to replace an employee in RCC/SWT

The employer can be exempted from the obligation to replace this employee in RCC/SWT in the following cases:

  1. There is no replacement available;
  2. There is a structural reduction in the workforce and the granting of this derogation will prevent redundancies;
  3. The company is recognised as being in difficulty or undergoing restructuring, or it is closed down.

On-line form

In the latter two cases, the application for exemption from the obligation to replace the bridging pensioner must be submitted to the Minister for Employment. This must be done by registered letter.

Since a few days, applications for this exemption can also be submitted on-line. You can find the forms and the application Transfer of Documents here.

Source:

Royal Decree of 7 October 2021 amending the Royal Decree of 3 May 2007 regulating the system of unemployment with company supplement, Belgian Official Journal of 16.11.2021.

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