Temporary unemployment following the floods of July 2021: rules from 1 April 2022

Author: Catherine Mairy (Legal expert)
Date:

The ONEm/RVA has updated its instructions on the rules for temporary unemployment due to force majeure as a consequence of the floods on 14 and 15 July 2021.

From 1 April 2022, a distinction will have to be made between two situations.

Inability to work related to the employee's place of residence

From 1 April 2022, it will no longer be possible to invoke temporary unemployment due to force majeure when the inability to work is related to the worker's place of residence.

In other words, temporary unemployment due to force majeure will only be accepted until 31 March 2022 if the employee's place of residence is located in the area affected by the floods.

For more information on this subject, we refer to our Infoflash of 16 December 2021

Inability to work related to the place of employment

From 1 April 2022, the employer may continue to invoke temporary unemployment due to force majeure when the inability to work is related to the place of employment (for example, when the employer's infrastructure has been damaged or destroyed by the floods).

The conditions and formalities to be observed are described on the website of the ONEm/RVA (classic procedure).

The notification to the ONEm/RVA must mention the following:

  • as the reason for force majeure "flooding - place of employment located in an affected area (if the employer is affected) (reason 1)";
  • the foreseen duration of the force majeure (the notification can be made for a maximum period of three months);
  • in the "Remarks" section, a specific description of the circumstances (no supporting documents should be attached).

The social risk declaration (DRS/ASR) scenario 5 must mention the following:

  • as type of temporary unemployment: “force majeure”;
  • as reason for force majeure: "exceptional weather conditions";
  • as code "nature of the day": 5.4.

Until 30 June 2022, the temporarily unemployed worker does not have to be in possession of a C3.2A control form (the derogatory rules in the context of the coronacrisis being applicable to all temporarily unemployed workers until that date).

Source: ONEm/RVA.

 

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