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If the temporary unemployment schemes ‘corona’ and ‘war in Ukraine’ are not extended beyond 30 June 2022, companies, where appropriate, will be able to resort to temporary unemployment due to lack of work for economic reasons.
Important note! The press announced on the evening of 1 June that the government would have decided not to extend the simplified procedure for temporary unemployment beyond 30 June 2022. We will update you as soon as the government confirms its decision and we have more details on its impact.
A temporary unemployment scheme for economic reasons can only be introduced in compliance with the general (traditional) rules governing this type of unemployment.
In concrete terms this means:
A brief reminder of those rules.
Maximum duration
The employer can choose between:
At sectoral level, longer or shorter periods of temporary unemployment may be provided for.
Conditions and formalities
The employer will always be obliged (where appropriate, in the required forms and by the required time):
Reminder! The first formalities (communications to the manual workers, the works council/trade union delegation and the ONEm/RVA) must be completed at least 7 days before the 1st planned day of unemployment.
Companies concerned
When a company in difficulties wishes to make use of the system of temporary unemployment due to lack of work for economic reasons for its non-manual workers, it must among others be bound by a collective labour agreement (in the sector or company) or by a company plan.
If it does not meet this condition, the company in difficulties may invoke collective labour agreement (CLA) No 159 (valid from 1 January 2022 until 30 June 2023).
Reminder! The first formality (sending the C106A form to the ONEm/RVA) must be completed at least 14 days before the prior notification to the ONEm/RVA, which must be made at least 7 days before the first planned day of unemployment.
If you wish to introduce a temporary unemployment scheme for economic reasons in your company, we advise you not to delay in taking the necessary steps, particularly in view of certain deadlines.
If the ‘transition’ from one system to the other (from unemployment ‘corona’ or ‘war in Ukraine’ to economic unemployment) is subject to specific procedures that will be specified later, we will certainly keep you informed.
Do you have any questions about the introduction of economic unemployment in your company? Please contact our Legal Partners via legalpartners@partena.be.
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