Renewal of collective labour agreements regarding the RCC/SWT (scheme of unemployment with corporate allowance)

To implement the agreement framework of 6 April 2023 concluded at central level within the Group of Ten, the National Labour Council approved 5 collective labour agreements regarding the schemes of unemployment with corporate allowance (hereafter RCC/SWT) that will come into effect on 1 July 2023.

From that date, the age at which an employee can have access to RCC/SWT has been set at 60, except for RCC/SWT 'serious physical problems'.

General scheme

Reminder: the scheme of unemployment with corporate allowance (RCC/SWT – formerly called bridging pension) is laid down by the Royal Decree of 3 May 2007. It allows employees who have been dismissed to receive a supplement to their unemployment benefits under certain conditions. This corporate allowance must be introduced by a collective labour agreement. The general scheme that is provided for by CLA no. 17 is accessible from the age of 62.

Employees aged 62 or older who have a career of 40 years for men and 39 years (by 2023) for women have access to the RCC/SWT. The occupational history for women is increased by 1 year each year, until 2024; thus, by 2024, women will also have to have a career of 40 years.

Derogatory schemes

In addition to the general scheme, there are various derogatory schemes that are the subject of new CLAs approved by the National Labour Council.

From 1 July 2023 to 30 June 2025, the age of access is 60 years for the following derogatory schemes:

• RCC/SWT for night workers who after 33 years of career in a strenuous profession or in the construction sector have become incapacitated. A sectoral collective labour agreement is required. Employers who fall under a non-established joint committee or under an inactive joint committee may join this scheme;
• RCC/SWT for employees who have worked in a strenuous profession for 35 years. A sectoral or company collective labour agreement is required;
• RCC/SWT for employees with a long career of 40 years.

Since 31 December 2020: RCC/SWT at 60 in companies in difficulty or undergoing restructuring, subject to either a professional career of 10 years in the sector, in the 15 years preceding the employment contract, or a professional career of 20 years.

From 1 July 2023 to 30 June 2025, for disabled employees or employees with serious physical problems, the age of access to RCC/SWT remains at 58, with a career of 35 years.

Exemption from availability for the labour market

Contrary to unemployed persons who have to be available for the labour market, the scheme of unemployment with corporate allowance requires employees to be available in an adapted way (registration as a job seeker, obligation to accept suitable work ...). They may be exempted from this obligation at their request if they meet certain age and career requirements. Under the general scheme (62 years of age), employees must be able to justify a career of 43 years.

From 1 July 2023 to 31 December 2025, employees covered by a derogatory scheme may be exempted from the obligation of adapted availability if they are 62 or older or have worked 42 years. To this end, the sectors must have concluded a CLA in the sector.

For disabled employees or employees with serious physical problems, no additional condition is required.

Employees who have been dismissed by a company in difficulty or undergoing restructuring can apply for this exemption from 1 July 2023 to 31 December 2025 if they are 62 years old or have worked 42 years. To this end, the company must have signed a company CLA or a collective agreement.

Sources:

5 National Labour Council CLAs, CLA No. 165 to CLA No. 169 of 30 May 2023