Which schemes of unemployment with corporate allowance will still be accessible in the following years?

The scheme of unemployment with corporate allowance (RCC/SWT - formerly called bridging pension) is laid down by the Royal Decree of 3 May 2007. This corporate allowance must be introduced by a collective labour agreement. The general scheme that is laid down by CLA No. 17 is accessible from the age of 62.

In addition to this scheme, there are various derogation schemes that are the subject of CLAs concluded by the National Labour Council. Following the sectoral agreement, the National Labour Council has concluded 6 CLAs relating to the scheme of unemployment with corporate allowance (hereinafter referred to as RCC/SWT) which apply as from 1 July 2021.

Since that date, the age at which an employee can have access to RCC/SWT has been set at 60, except for RCC/SWT 'serious physical problems'.

General scheme

As a reminder: RCC/SWT is granted to employees who have reached the age of 62. The additional requirement is that men must have a career of 40 years. Women on the other hand, must have a career of 37 years in 2021. The career history for women will each year be increased by 1 year up to 2024.

Derogation schemes

Since 1 July 2021, the age limit has been set at 60 for the following derogation schemes:

• RCC/SWT for night workers who after 33 years of career in a heavy duty job or in the construction sector have become incapacitated. A CLA at the sector level is required. Employers who do not fall under an established joint committee or when the joint committee is not functioning may join this scheme;
• RCC/SWT for employees who have worked in a heavy duty job for 35 years. A CLA at the sector or company level is required;
• RCC/SWT for employees with a long career of 40 years;
• Since 31 December 2020, RCC/SWT at 60 in companies in difficulty or undergoing restructuring, subject to either a professional career of 10 years in the sector, in the 15 years preceding the employment contract, or a professional career of 20 years.

Since 1 January 2021, for disabled employees or employees with serious physical problems, the age of access to RCC/SWT remains at 58, with a career of 35 years.

The CLAs concluded in the National Labour Council remain in force until 30 June 2023.

Exemption from availability for the labour market

Contrary to unemployed persons who have to be available for the labour market, the scheme of unemployment with corporate allowance requires employees to be available in an adapted way (registration as a job seeker, obligation to accept suitable work ...). They may be exempted from this obligation at their request if they meet certain age and career requirements. Under the general scheme (62 years of age), they must be able to justify a career of 43 years.

Employees under a derogation scheme may, at their request, be exempted from the obligation of adapted availability if they have reached the age of 62 or have a career of 42 years. To this end, the sectors must have concluded a CLA in the sector.

For disabled employees or employees with serious physical problems, no additional condition is required.

Employees who have been dismissed by a company in difficulty or undergoing restructuring can apply for this exemption from 1 January 2021 to 31 December 2022 if they are 62 years old or can prove they have worked 42 years. For this, companies must have concluded a CLA at company level or a collective agreement.

Sources:

6 National Labour Council CLAs, CLA No. 150 to CLA No. 155 from 15 July 2021.