NSSO: changes in the activation contribution

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Author Anne Ghysels  (Legal Expert)
Read time 2min
Last updated 21/12/2022 - 16:23

Since 1 January 2018, you are liable for an activation contribution (on top of the ordinary social security contributions) if you allow your employees to be inactive for a full quarter while retaining all or part of their pay.

As of 1 January 2023, the percentages of this contribution would be increased. A penalty would also be introduced.

These changes have not yet been published in the Belgian Official Gazette. We inform you of these changes subject to any adaptations.

This special contribution was introduced to limit the practice of a total exemption of working as an alternative to the unemployment with company supplement (RCC/SWT) system, which must meet strict conditions and age limits.

Reminder! The special contribution applies to employers subject to the law of 5 December 1968 on collective bargaining agreements and autonomous public companies.

The contribution is due if the employee does not work at all during the entire quarter with the same employer, except when this is the result of:

  • either a total legal suspension of the performance of the employment contract;
  • or an exemption from working during the notice period referred to in Article 37 of the Employment Contracts Act of 3 July 1978.

Contribution

The contribution is equal to a percentage of the wage continued to be paid throughout the period of inactivity but with a minimum quarterly lump sum.

The rate depends on the age at the start of the inactivity and remains unchanged throughout the period of inactivity.

Age at the beginning of the inactivity period

Percentage of the quarterly wage

Minimum quarterly contribution

 

Until 31.12.2022

As of 01.01.2023

 

< 55

20%

20%

300.00€

≥ 55 and < 58

18%

20%

300.00€

≥ 58 and < 60

16%

20%

300.00€

≥ 60 and < 62

15%

15%

225.60€

≥ 62

10%

10%

225.60€

 

 

 

 

Penalty 

If you are liable for this contribution for at least 10% of your employees, the percentages will be increased by 25%.

At this time, we have no information on how this 10% is calculated.

Age at the beginning of the exemption from working

Percentage on the pay - increased percentage

Minimum per quarter

< 55 years

25%

 300.00

 >= 55 < 58 years

25%

 300.00

  >= 58 < 60 years

25%

 300.00

  >= 60 < 62 years

18.75%

 225.60

  >= 62 years  

12.5%

 225.60

 

Source: Draft Programme Law Doc 55 3015/001, articles 170 et Seq

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