NSSO: changes to the activation contribution

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Author Anne Ghysels  (Legal Expert)
Read time 4min
Last updated 14/12/2023 - 11:56

Since 1 January 2018, you must pay an activation contribution (on top of the ordinary social contributions) if you allow your workers to be inactive for a full quarter with continued full remuneration or part of the remuneration.

From 1 January 2024, the rates of this contribution will be increased. Other modifications to this measure are also planned.

These modifications have not yet been published in the Belgian Official Gazette. They are communicated to you subject to possible adaptations.

This special contribution was created to limit the practice of full exemption from work as an alternative to the system of unemployment with company supplement (RCC/SWT), which is subject to strict conditions and age limits.

Reminder: The special contribution applies to employers subject to the law of 5 December 1968 on CBAs and autonomous public companies.

The contribution is due when the employee does not work for a full quarter with the same employer, except in cases where the absence of work is the result of:

  • a total legal suspension of performance of the employment contract;
  • an exemption from work during the notice period referred to in article 37 of the law of 3 July 1978 on employment contracts.

Contribution

The contribution is equal to a percentage of the salary that continues to be paid during the period of inactivity, with a minimum quarterly lump sum.

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

These percentages will be significantly increased from 1 January 2024:

Age at start of inactivity period

Percentage of quarterly salary

Minimum quarterly contribution

 

Until 31.12.2023

From 01.01.2014

 

< 55

20 %

50 %

€300.00

≥ 55 and < 58

20 %

50 %

€300.00

≥ 58 and < 60

20 %

50 %

€300.00

≥ 60 and < 62

15 %

45 %

€225.60

≥ 62

10 %

40 %

€225.60

 

 

 

 

40% reduction in contribution rate

If, during the period of exemption of work, the worker has been obliged to follow 60 hours of outplacement during the first 4 quarters, corresponding to the value of 1/12 of the annual remuneration of the calendar year preceding the exemption from work, with a minimum value of €1,800 and a maximum value of €5,500, and which meets the quality criteria set out in article 11/4 of the law of 05/09/2001 aimed at improving the employment rate of workers (= outplacement criteria), the contribution rate is reduced by 40% for the 4 quarters in question.

As of 1 January 2024, the contribution rates will be as follows:

Age at start of exemption from work

Percentage of salary

< 55 years

30 %

 >= 55 < 58 years

30 % 

  >= 58 < 60 years

30 %

  >= 60 < 62 years

27 %

  >= 62 years  

24 %

The contribution is not due if the worker has effectively completed, during the first 4 quarters of the exemption from work, outplacement or compulsory training organized by you, the cost of which is equivalent to at least 20% of the gross annual salary to which he was entitled prior to the exemption from work.

Contribution rate increased by 25% 

If you are liable to pay this contribution for at least 10% of your workers, the rates are increased by 25%.

Age at start of exemption from work

Percentage of salary - rate increased by 25%

Percentage of salary - rate - 40% then increased

< 55 years

62.50 %

 37.50 %

 >= 55 < 58 years

62.50 %

 37.50 %

  >= 58 < 60 years

62.50 %

 37.50 %

  >= 60 < 62 years

56.25 %

 33.75 %

  >= 62 years  

50 %

 30 %

 

Other modifications

►Currently, the contribution is due for workers who do not perform any services with the employer during a full quarter.

From 1 January 2024, the contribution will be due for workers who work less than 1/3 of a full-time job during the quarter in question.

 

►Currently, the contribution is not due for quarters in which the worker starts a new job of at least 1/3 with another employer or as a self-employed worker. This rule will be abolished from 1 January 2024.This means that the contribution will still be due in such cases.

 

Source: Draft Programme Act, Doc.55 3015/001, Articles 136 et seq.

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