Severely affected sectors: corona unemployment until 31.12

Author: Els Poelman (Legal expert)
Date:

The Minister of Work has published the list of sectors that can resort to the flexible unemployment corona until 31 December 2020. 

Situation as from 1 September 2020

The flexible corona unemployment as a general measure for all sectors will end on 31 August.

Until 31 December, corona unemployment can continue to be used by two groups of companies:

  1. companies with at least 20% temporary unemployment in the 2nd quarter of 2020. The conditions for this group were announced in the course of July, and in the meantime, the employers concerned have been able to take the required steps.

See our Infoflashes of  17 July and 31 July.

  1. companies belonging to the sectors severely affected by measures decided on by the National Security Council. For this, we had to wait for an initiative from the Minister for Employment, and this has now been done: a list of the sectors concerned has been published.

For both groups an application must be made to the ONEm/RVA (C106A corona-EPT)

The text below concerns group 2, the companies on the sector list.

Companies on the sector list that had 20% temporary unemployment in the second quarter of 2020 (which is usually the case) can also use this 20% standard to continue corona unemployment. If they register their application (C106A- corona-EPT) on the basis of this 20%, they are covered and no longer need to go through the procedure on the basis of the sector list.

The list of "severely affected" sectors

JC no.

Competence JC

Severely affected sectors = limited to the following activities

100

auxiliary JC for manual workers

  • activities related to the organisation of events and fairs
  • travel agencies

109

clothing and tailoring business

rental and installation of tents

111

metal, mechanical and electrical construction

  • aeronautical activities
  • maintenance and repair of aircraft used for the carriage of passengers

126

furniture and woodworking industry

  • rental and installation of equipment for fairs, exhibitions and festivities
  • building, rental and installation of stands, decors, grandstands 
  • rental of spaces for exhibitions, fairs, festivities, the display of merchandise, permanent or otherwise, events of any kind
  • setting up stands, exhibitions, fairs

139

inland navigation

pleasure craft for tourist purposes

140.01

buses and coaches

touring coaches

140.02

taxis

all activities

140.04

ground handling in airports

activities relating to the carriage of persons by air

149.01

electricity - installation and distribution

installation of sound and image installations as part of the organisation of events

200

auxiliary JC non-manual workers

  • activities related to the organisation of events and fairs
  • travel agencies

209

non-manual workers metal industry

  • aeronautical activities
  • maintenance and repair of aircraft used for the carriage of passengers

215

non-manual workers clothing and tailoring business

rental and installation of tents

226

non-manual workers international trade, transport and logistics

activities relating to the carriage of persons by air

227

audio-visual sector

all activities

302

hospitality sector

all activities

304

entertainment industry

all activities

314

hairdressing and beauty care

operation of jacuzzies, steam rooms and hammams

315

commercial aviation

activities relating to the carriage of persons by air

329

socio-cultural sector

all activities

333

tourist attractions

all activities

The application form and registration with the ONEm/RVA

The application must be made by means of the form C106A-corona-EPT (C106A-corona-EPT).

If the continuation of corona unemployment is requested on the basis of the sector list, Section II must be completed, describing the activity and the sanitary measure restricting it.

The completed and signed form must be forwarded to the ONEm/RVA via the email address of the unemployment office competent for the registered office of the company. The instructions can be found in the form itself. The ONEm/RVA undertakes to respond within two weeks. In the case of acceptance, the ONEm/RVA registers the company number concerned (CBE) and the company can apply the corona unemployment until 31 December.

There is no official application deadline.

BUT: since the registration with the ONEm/RVA must comply with the rules from the very first Social Risk Declaration with force majeure corona, it is recommended to submit the form before the first day of unemployment following 31 August.

Eventually, any company that continues the flexible corona unemployment after 31 August must submit an application form C106A-corona-EPT:

  • on the basis of 20% temporary unemployment in the second quarter of 2020 (complete Section III)
  • or on the basis of the exact activity if it is included in the sector list (complete Section II)

In relation to this, the pertinent question arises as to why the sectors included globally in the sector list (JC 140.02, 227, 302, 304, 329, 333) still have to submit an application. For those sectors, corona unemployment could continue to apply on the basis of the number of the JC, but this is not always immediately traceable via a declaration DRS-WECH005 (the only declaration for corona unemployment). The instruction of the ONEm/RVA is therefore general and obliges all sectors to submit an application. It is not clear whether there will be a relaxation. So until further notice always submit an application!

Flexible temporary unemployment corona

It concerns the continued application of the minimum procedure for temporary unemployment due to force majeure, which is in force since 13 March. 

For the employer this means:

  • any form of temporary unemployment due to the coronacrisis is unemployment due to force majeure
  • no prior notification to the ONEm/RVA
  • no application for benefits (Social Risk Declaration unemployment scenario 2)
  • no issuing of control card C3.2A, no validation book
  • only a monthly declaration of the days of temporary unemployment (Social Risk Declaration unemployment scenario 5) with code 'nature of the day' 5.4 and reason 'force majeure coronavirus’

For the employee this means:

  • single application for benefits via the C.3.2 - WORKER-CORONA

In the case of unemployment due to a cancelled event, the form C.3.2 - WORKER-CORONA-EVENTS must be used

  • exemption from keeping a control card C.3.2A
  • no admissibility condition, i.e. no occupational history to be demonstrated
  • unemployment benefit of 70% of the capped wage (EUR 2,754.76/month)
  • supplement from the ONEm/RVA of EUR 5.63/day
  • reduced withholding tax of 15% on the benefits

Companies not included in the sector list and not fulfilling the criterion of 20% temporary unemployment

These companies must switch to a normal scheme of economic unemployment or suspension for employees.  Until 31 December 2020, both systems have been made more flexible. Refer to our Infoflashes of  17 July31 July and 27 August.

Source: press release by the Minister of Work 

The regulatory measure containing the final list of sectors will be published in the Belgian Official Gazette

 

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