Teleworking mandatory again: clarifications following the last Consultative Committee

Author: Catherine Mairy (Legal Expert)
Date:

Following the Consultative Committee of 26 November 2021, the practical details of the return to work moments have been partially adjusted.

As a reminder, since 20 November 2021, these return moments are authorised for persons for whom teleworking is mandatory under specific conditions.

A Royal Decree of 27 November 2021 postpones by one week the possibility for these persons to return to work up to a maximum of two days per week.

In practice, the return moments may amount:

  • since 20 November 2021: up to a maximum of one day per week per person;
  • from 20 December 2021 (instead of 13 December 2021): up to a maximum of two days per week per person.

The following may be present in the establishment unit at the same time each day:

  • since 20 November 2021: maximum 20% of the persons for whom teleworking is mandatory;
  • from 20 December 2021 (instead of 13 December 2021): maximum 40% of the persons for whom teleworking is mandatory;
  • in SMEs employing fewer than 10 persons: up to five persons for whom teleworking is mandatory.

The other conditions remain unchanged.

Important note - As for the obligation to submit a monthly teleworking declaration, the Royal Decree of 27 November 2021 specifies that this obligation does not apply to:

  • the operational services of civil security referred to in article 2, 1°, of the Act of 15 May 2007 on civil security;
  • the penitentiary facilities, the judiciary and the intelligence services.

Source: Royal Decree of 27 November 2021 amending the Royal Decree of 28 October 2021 on the administrative police measures necessary to prevent or limit the public health consequences of the declared epidemic emergency situation concerning the coronavirus COVID-19 pandemic, Belgian Official Gazette of 27 November 2021.

 

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