Occasional work: soon to be extended to the funeral sector

Announced since long and most likely a reality as of 1 October 2018: a new flexible statute for irregular work performances in the funeral sector.

Context

In the summer of 2017, employers' organisations and workers' organisations in the funeral sector concluded a "plan for fair competition" with the State Secretary for the fight against fraud. The sector is committed to the correct application of the legislation, but will be able to rely on a more flexible form of employment.

Typical for this sector is the employment during a few hours, which is not planned in advance. The ordinary administrative obligations (written contracts, posting of timetables, etc.) are difficult to apply and, in practice, the sector works with a form of non-regulatory on-call contracts. The new statute for occasional work provides a legal framework for this practice.

Which employees?

The new statute is intended for all on-call workers without a fixed timetable who work on a voluntary basis and who occasionally, on the occasion of a decease:

• work as a messenger, do the transportation, place the deceased on the bier, provide for a funeral chapel, take care of the reception in the funeral parlour and/or assist at the coffee table;
• carry the coffin with the mortal remains or the urn with the ashes of the deceased and place it in the (ceremonial) car, escort the next of kin and/or drive the ceremonial car and keep it neat.

Dimona

Occasional workers do not work according to a timetable that is agreed on in advance and the formalities of the ordinary regulations do not apply to them.

It is sufficient that prior to each performance a specific Dimona is drawn up, stating:

• beginning and end of the performance
• JC 320
• a letter code that refers to this type of occasional work (to be determined in the instruction of the NOSS)

Salary and contributions

Nothing changes:

• the normal (scaled) wage, linked to the performance, remains due
• the normal contributions and deductions apply

Occasional work is here the means by which actual on-call contracts are legalised, but without any reduction in labour costs.

Start date?

The preliminary draft law governing the new statute was passed by the Council of Ministers on 13 July. The statute will enter into force on the first day of the quarter following the publication of this law in the Belgian Official Gazette, i.e. probably on 1 October 2018. If published after 30 September, the start date will be postponed to 1 January 2019.

Source: Preliminary draft law on various provisions on social matters, approved by the Council of Ministers on 13 July 2018; For the abolishment of certain administrative requirements, we expect an additional initiative from the legislator or the social partners in the sector.

Author: Els Poelman

27/07/2018