Additional supplement in the event of temporary unemployment: when is it due?

The Act of 5 November 2023 provides for the allocation of an additional supplement for employees who are made temporarily unemployed from 1 January 2024.

We already announced this in our Infoflash of 24 November 2023.

The Programme Act of 22.12.2023 amended certain conditions for the allocation of this additional supplement.

Important note! Further details (clarifications) are still expected (see below). We will keep you updated as soon as we have more details.

What do we know at this point?

Context 

The additional supplement was introduced to offset the reduction in the amount of temporary unemployment benefits.

From 1 January 2024, the amount of the temporary unemployment benefits, with some exceptions (see below), will be equal to 60% of the employee's average capped salary.

This was 65% until 31 December 2023.

Important note! For temporary unemployment due to force majeure, the percentage remains at 65%.

How much is the additional supplement? 

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

Important note! The methods of calculating the number of days covered by temporary unemployment benefits remain to be clarified.

The additional supplement, if any, is in addition to the existing statutory and/or conventional supplement(s), i.e., in addition to the supplement(s) already owed to the employee who is made temporarily unemployed (e.g., for economic reasons, due to technical failure or bad weather).

Important note! The additional supplement is not due in certain cases (see below).

Types of temporary unemployment that give rise to the additional supplement

The additional supplement should be allocated in all cases of temporary unemployment, except for temporary unemployment due to force majeure.

It is thus due for the following types of temporary unemployment: for economic reasons (manual and non-manual workers), due to technical failure, bad weather, closure of the company (annual leave or time off in lieu), strike or lockout. 

The additional supplement is paid by the employer 

The additional supplement is paid by the employer unless it is borne by a subsistence security fund.

Important note! The payment of the additional supplement by a subsistence security fund must be laid down in a sector-based collective bargaining agreement.

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 salary 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 salary exceeds 4,000 € per month.

Important note! The methods of calculating the monthly salary still need to be clarified.

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, receives a percentage of his salary that assures him an amount at least equal to that to which he would have been entitled if he had been allocated the additional supplement.

Entry into force 

The additional supplement is payable as of 1 January 2024.

Sources: Act of 5 November 2023 containing various work-related provisions, Belgian Official Gazette 23.11.2023; Programme Act of 22.12.2023, Belgian Official Gazette 29.12.2023; Royal Decree of 17 December 2023 amending the Royal Decree of 25 November 1991 laying down the unemployment regulations, regarding the amount of temporary unemployment benefits, Belgian Official Gazette 22.12.2023.