Reduced notice periods and four other new measures

At the end of March, the federal Parliament once again approved a number of innovations that will have an impact on your human resources policy in 2018: the Recovery Act.

It is no surprise that these measures are being introduced now. They were part of the summer agreement agreed by the government in 2017. A number of measures from the summer agreement have already been introduced, such as for instance the profit premium.

For each measure, we indicate what the measure means for you and when it enters into force. We will of course keep you informed via our infoflashes.

1. Reduction and more gradual notice periods during the first six months of employment

Below is a comparison between the current notice periods and those applying in the future. The new periods only apply in the event of notice given by the employer.

Effective date 01 May 2018.

The new notice periods also apply in the event of termination of the current employment contracts. If you, as an employer, give notice before this measure enters into force, the current notice periods will continue to apply.

2. Recruiting young people becomes cheaper

As an employer, you can reduce the gross salary of young people.

Salaries can be reduced by 6% at the age of 20, by 12% at the age of 19 and by 18% at the age of 18.

In addition to the reduced gross salary, you owe the young person a net allowance. The amount of the net allowance is still to be determined by the government. You will be granted an exemption from the payment of withholding tax for the amount of the net allowance.

The main conditions:

• The young person does not yet have a job.
• You are granting the sectoral minimum salary, not more, not less.

Effective date 01 July 2018

You can apply this measure from 1 July 2018 onwards for young people whose employment contract was concluded as from that date.

3. Reduced labour costs for shift and night work

The exemption from the payment of withholding tax is calculated at the employer’s level and not per employee. In this way, you can make full use of the exemption from payment.

The application of the reduction in charges is also extended. From now on, the construction sector will also be able to make full use of this reduction in charges. Shift work on worksites falls under the definition of shift work.

Effective date 01 January 2018

The amendment relates to the remunerations that you grant as from 1 January 2018.

4. Temporary agency work permitted in all private sectors

Temporary agency work will be permitted in all private sectors. A complete ban on the use of temporary agency workers is therefore no longer possible. Other restrictions on temporary work, such as, for example, in the construction sector, will continue to be permitted. Other restrictions on temporary agency work, such as, for example, in the construction sector, will continue to be permitted.

Effective date 05 April 2018

5. Disconnection

You must organise consultations within the company about the use of digital communication means and disconnection. Such consultation shall take place within the Committee for Prevention and Protection at Work. Such consultation must take place on a regular basis, but a specific frequency is not imposed.

Effective date 05 April 2018 

Author: Yves Stox

27/04/2018