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As announced at the last Consultative Committee, teleworking is mandatory again from 20 November 2021.
A Royal Decree of 19 November 2021 not only clarifies what this obligation entails, but also which formalities must be completed if it cannot be met.
For whom?
Teleworking is mandatory:
unless this is impossible due to the nature of the position, or the continuity of the business, the activities or the services.
As a reminder, teleworking must be carried out in accordance with existing collective labour agreements and conventions.
Return to work moments: under what conditions?
Return to work moments may be planned from 20 November 2021 for persons for whom teleworking is mandatory, if the following conditions are met:
The decision to organise return moments must be made in accordance with the social dialogue rules in the company; all the conditions must be checked.
The return moments may amount:
The following may be present in the establishment unit at the same time each day:
Certificate of presence: for whom?
From 20 November 2021, the employer must provide a certificate or any other proof confirming the necessity of their presence at the workplace to all persons:
Precautionary measures: which ones?
All appropriate precautionary measures must continue to be taken to ensure compliance with the rules of social distancing and a maximum level of protection.
Employers must declare the number of people employed in the workplace every month via www.socialsecurity.be.
Which employers?
This obligation applies to all employers except:
Which data?
The employer must declare the following, for each establishment unit:
'Persons employed' is understood to mean not only the employees, but also other categories of persons, such as, for example, temporary agency workers made use of by the company on a structural basis, the personnel of another employer with whom the company works on a structural basis, etc.
When?
The declaration must be made each month and no later than the sixth calendar day of the month.
What’s next?
Special rules are provided for the period from 22 November 2021 up to and including 31 December 2021: the declaration relates to the situation on 24 November 2021 and must be submitted by 30 November 2021 at the latest.
For the situation on 3 January 2022 (= first working day of January 2022), the declaration must be submitted by Thursday, 6 January 2022.
If the total number of persons employed in the establishment unit and the number of persons who have a job there that is incompatible with teleworking has not changed since the last valid declaration, the employer will not be required to submit a new declaration.
We will keep you informed of the declaration for the next months.
Source: Royal Decree of 19 November 2021 amending the Royal Decree of 28 October 2021 on the administrative police measures necessary to prevent or limit the public health consequences of the declared epidemic emergency situation concerning the coronavirus COVID-19 pandemic, Belgian Official Gazette of 19 November 2021.
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