Temporary unemployment "corona" or "war in Ukraine": simplified procedure until 30 June 2022

Author: Catherine Mairy (Legal expert)
Date:

Following a decision of the federal government, the simplified procedure for temporary unemployment is extended.

This simplified procedure applies:

  • in case of temporary unemployment due to force majeure caused by the coronavirus (as now);
  • in case of temporary unemployment due to force majeure as a result of the war in Ukraine (to which this procedure is extended)

during the period from 1 April 2022 to 30 June 2022.  

Important note! If the temporary unemployment as a result of the war in Ukraine occurs before 1 April 2022, it can be considered temporary unemployment due to force majeure corona.

The ONEm/RVA clarifies this in its instructions. Below is a summary.

Full or partial suspension

Both in the case of temporary unemployment due to force majeure "corona" and in the case of temporary unemployment due to force majeure "Ukraine", the performance of the employment contract may be:

  • fully suspended; e.g., by a mandatory quarantine of an employee who is not ill, a total lack of raw materials due to an imposed trade embargo;
  • partially suspended (= the employee can work a few days a week); e.g., due to the loss of part of the sales market, limited production due to high energy prices.

Formalities for the employer

Both in the case of temporary unemployment due to force majeure "corona" and in the case of temporary unemployment due to force majeure "Ukraine", the employer must submit a social risk declaration (DRS/ASR) scenario 5 every month:

  • type of temporary unemployment: "force majeure";
  • reason for the force majeure: "coronavirus" or "Ukraine";
  • code "nature of the day": 5.4. 

On the other hand, the employer must not:

  • send a notice "temporary unemployment due to force majeure" related to corona or to the war in Ukraine to the ONEm/RVA;
  • submit a social risk declaration (DRS/ASR) scenario 2;
  • issue a C3.2A control form to the employee who has been made unemployed.

Important note! If other temporary unemployment schemes are used (e.g., temporary unemployment for economic reasons), certain formalities must still be met; see www.onem.be.

Formalities for the employee

Both in the case of temporary unemployment due to force majeure "corona" and in the case of temporary unemployment due to force majeure "Ukraine", the employee who has to apply for unemployment benefits will do so using form C3.2-TRAVAILLEUR-CORONA and the social risk declaration (DRS/ASR) scenario 5.

On the other hand, the employee must not:

  • meet eligibility requirements (occupational history);
  • dispose of a C3.2A control form.

This employee will receive:

  • an unemployment benefit equal to 70% of the limited wage (€2,955.69 per month);
  • and a supplement of €5.98 per day, which the ONEm/RVA pays.

Source: www.onem.be.

 

 

 

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