Temporary unemployment corona: what to do if this scheme no longer applies from 1 October?

If the temporary unemployment scheme corona is not extended beyond 30 September 2021, companies, were appropriate, will be able to resort to temporary unemployment due to lack of work for economic reasons.

Important note! We do not currently have information on whether the temporary unemployment scheme corona will be extended (or not) beyond 30 September 2021. We will keep you updated as soon as we have more details.

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:

• on the one hand, that it must be temporarily impossible for the employer to maintain the existing work rhythm in the company due to economic factors;
• and, on the other hand, that certain conditions and formalities must be observed.

A brief reminder of those rules.

Economic unemployment for manual workers

Maximum duration

The employer can choose between:

• a scheme of complete suspension of the employment contract, in which case the maximum duration of economic unemployment is set at 4 weeks;
• and a reduced working time scheme; the maximum duration of economic unemployment is set at 3 months and 12 months respectively, depending on whether a 'major suspension' or a 'minor suspension' is involved.

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):

• not to place a manual worker who is entitled to certain days of compensatory rest on economic unemployment;
• not to outsource to third parties the work that should normally have been carried out by the manual workers during unemployment;
• to make the required notifications and communications to the manual workers, the works council/trade union delegation and the ONEm/RVA;
• to issue a C3.2A control form to every manual worker placed on economic unemployment;
• to complete the validation book;
• to submit a social risk declaration- (DRS/ASR) scenario 2 and -scenario 5;

• to pay to the manual worker placed on economic unemployment a supplement on top of the unemployment benefits (unless there are derogations);
• to reintroduce, at the expiry of the maximum allowed duration, the scheme of full employment for a full week, before a new complete or partial suspension can take effect;
• etc.

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.

Economic unemployment for non-manual workers

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 148.

Important note! CLA No. 148 will cease to be in force on 31 December 2021. CLA No. 159 will then apply from 1 January 2022 to 30 June 2023, with the goal of maintaining easier access to economic unemployment for non-manual workers. We will publish an Infoflash on this subject soon.

Maximum duration

The employer can choose between:

• a scheme of complete suspension of the employment contract, in which case the maximum duration of economic unemployment is set at 16 calendar weeks per calendar year;
• and a reduced working time scheme with at least two working days per week; in this case, the maximum duration of economic unemployment is set at 26 calendar weeks per calendar year.

Conditions and formalities

The employer will always be obliged (where appropriate, in the required forms and by the required time):

• not to place a non-manual worker who is entitled to certain days of compensatory rest on economic unemployment;
• not to outsource to third parties the work that should normally have been carried out by the non-manual workers during unemployment;
• to send form C106A to the ONEm/RVA;
• to make the required notifications and communications to the non-manual workers, the works council/trade union delegation and the ONEm/RVA;
• to issue a C3.2A control form to every non-manual worker placed on economic unemployment;
• to complete the validation book;
• to submit a social risk declaration- (DRS/ASR) scenario 2 and -scenario 5;
• to pay to the non-manual worker placed on economic unemployment the supplement on top of the unemployment benefits (unless there are derogations);
• etc.

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.

Recommendation

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 due to corona 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.