Additional supplement in the event of temporary unemployment: clarification

Author: Catherine Mairy (Legal expert)
Read time: 6min
Publication date: 30/01/2024 - 10:48
Latest update: 30/01/2024 - 10:51

Since 1 January 2024, temporarily unemployed employees are entitled to an additional supplement.

This supplement is due in certain cases and under certain conditions.

The FPS Employment, Labour and Social Dialogue has provided more details (clarification) on this matter.

We summarize this below.

Amount of the additional supplement

The additional supplement is €5 for each day covered by temporary unemployment benefits.

The question arose as how to calculate the number of days covered by temporary unemployment benefits.

The FPS Employment, Labour and Social Dialogue answers that question by clarifying the formulas to be applied based on the category of the temporarily unemployed employee; the result corresponds to the number of days covered by temporary unemployment benefits during the month.

Important note! Clarification is still expected on certain points regarding the application of these formulas. We will keep you updated as soon as we have more details.

  1. For a full-time employee or a part-time employee with retention of rights not receiving an income guarantee allowance: (P X 6) / Q

P = number of hours of temporary unemployment of the employee in that month

Q = number of weekly working hours of the employee without temporary unemployment (= average weekly working time of the employee, if applicable, increased by paid hours of compensatory rest as part of a working time reduction)

Note - If the decimal of the result is less than 0.25, the result is rounded to the lower unit; if the decimal equals or exceeds 0.25 without reaching 0.75, the result is rounded to 0.50; if the decimal equals or exceeds 0.75, the result is rounded to the higher unit.

  1. For a part-time employee with retention of rights receiving an income guarantee allowance: (P X 6) / S

P = number of hours of temporary unemployment of the employee in that month

S = number of weekly working hours of a full-time employee employed in the same position and company (= average weekly working time of the full-time employee, if applicable, increased by paid hours of compensatory rest as part of a working time reduction)

Note - If the decimal of the result is less than 0.25, the result is rounded to the lower unit; if the decimal equals or exceeds 0.25 without reaching 0.75, the result is rounded to 0.50; if the decimal equals or exceeds 0.75, the result is rounded to the higher unit.

  1. For a voluntary part-time employee: (P X 12) / S

P = number of hours of temporary unemployment of the employee in that month

S = number of weekly working hours of a full-time employee employed in the same position and company (= average weekly working time of the full-time employee, if applicable, increased by paid hours of compensatory rest as part of a working time reduction)

Note - The decimal of the result is rounded to the higher or lower unit, depending on whether it reaches 0.50 or not.

Important note! The same formulas are used to determine the day covered by temporary unemployment benefits starting from which the employee is entitled to the additional supplement (see below).

Conditions applicable to the employee

An employee who is made temporarily unemployed is entitled to the additional supplement:

  • from the 1st day of temporary unemployment covered by temporary unemployment benefits when his gross wage does not exceed €4,000 per month;
  • from the 27th day of temporary unemployment covered by temporary unemployment benefits, except for days of temporary unemployment due to force majeure, during the same year with the same employer when his gross wage exceeds €4,000 per month.

The question arose as to how to calculate the amount of the employee's monthly wage.

The FPS Employment, Labour and Social Dialogue answers that question by referring to the theoretical wage indicated in the Social Risk Declaration unemployment scenario 5.

In other words, it is the amount of the theoretical wage that was indicated in the Social Risk Declaration unemployment scenario 5 that determines the day (covered by temporary unemployment benefits) starting from which the employee is entitled to the additional supplement.

The FPS Employment, Labour and Social Dialogue also clarifies that the amount of €4,000 should not be prorated based on the duration of time worked in the case of part-time employment.

No additional supplement

The employee shall not be entitled to the additional supplement if he, in the event of temporary unemployment pursuant to a collective bargaining agreement (in the sector or company), receives a percentage of his wage that assures him an amount at least equivalent to what he would have been entitled to if he had been granted the additional supplement.

The question arose as to whether the same applies when such an arrangement is provided for in the employment regulations or in an individual agreement.

The FPS Employment, Labour and Social Dialogue replies in the affirmative.

In other words, the employee is not entitled to the additional supplement if, in the event of temporary unemployment, he receives a percentage of his wage that guarantees him an amount at least equivalent to what he would have been entitled to if he had been granted the additional supplement, and this pursuant to:

  • either the employment regulations,
  • or an individual agreement.

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