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In order to maintain easier access to temporary unemployment for economic reasons for non-manual workers, the National Labour Council has concluded collective labour agreement (CLA) No. 172.
This agreement extends CLA No. 159, which is in force until 30 June 2023.
CLA No. 172 has been concluded for a fixed term from 1 July 2023 to 30 June 2025.
When a company in difficulties wishes to make use of the system of temporary unemployment due to lack of work for economic reasons for its non-manual workers, it must among others be bound by a CLA (in the sector or company) or by a company plan.
If it does not meet this condition, the company can now invoke CLA No. 172 to introduce economic unemployment for non-manual workers.
We will now take a closer look at CLA No. 172.
CLA No. 172 can be invokedby the company in difficulty which is bound neither by a CLA in the sector, nor by a CLA in the company, nor by a company plan approved by the 'company plans' committee, establishing a scheme of complete suspension of the performance of the employment contract and/or a partial employment scheme due to lack of work for economic reasons for non-manual workers.
As a reminder, a company in difficulty is a company that is confronted with one of the following situations:
CLA No. 172 does not change the maximum allowed duration of economic unemployment.
As a reminder, the maximum duration of economic unemployment per calendar year is set:
Important note! The start and end dates of the period of economic unemployment must fall during the period of validity of CLA No. 172.
CLA No. 172 does not change the formalities to be completed by the employer before the non-manual workers are placed on economic unemployment.
As a reminder, the employer must among others:
An employer who invokes CLA No. 172 is liable to pay the non-manual worker placed on economic unemployment a supplement of 6.22€ (on 01.07.2023) per day of unemployment.
Important note! This supplement shall be at least equivalent to:
If the employer wishes to continue to avail of economic unemployment for non-manual workers after 30 June 2023 on the basis of CLA No. 172, he does not need to submit a new C106A form if he has relied on CLA No. 159 up to that date.
Do you have any questions about the introduction or extension of economic unemployment for non-manual workers in your company? Do not hesitate to contact our Legal Partners via email@example.com.
Sources: CLA No. 172 of 30 May 2023 establishing a scheme of complete suspension of the performance of the employment contract and/or a partial employment scheme due to lack of work for economic reasons for non-manual workers, www.cnt-nar.be ; www.onem.be.
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