Temporary unemployment following the floods: important information from the ONEm/RVA!

Author: Catherine Legardien (Legal Expert)
Date:

The persistent rains in some parts of the country last week may have made it impossible for some employees to work and therefore their contracts may be suspended.

The ONEm/RVA now accepts that all resulting situations of temporary unemployment are declared as temporary unemployment due to force majeure.

This will be the case if:

  • the employee is unable to perform his duties because the workplace is flooded or the employer's infrastructure is affected or destroyed,
  • the employee cannot get to the workplace because public transport is suspended or roads are flooded.

Important note!

Given this exceptional situation, it is accepted, until 15 August 2021, that circumstances which do not in themselves directly render work impossible may nevertheless be invoked to justify temporary unemployment due to force majeure. By such circumstances it is meant situations where the worker has suffered severe loss or damage and is de facto unable to go to work because he has to give priority to finding a new home, cleaning or repairing his home, settling his claim or finding alternative means of transport. 

It is also accepted that temporary unemployment due to force majeure may be alternated (i.e. the employee does not have to be temporarily unemployed continuously or there may be an alternation between employees).

Please note!

In order to be able to invoke temporary unemployment due to force majeure, certain conditions and procedures must be met.

All information is available on the ONEm/RVA website.

Source: ONEm/RVA

 

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