Temporary unemployment: additional supplement at the employer’s expense from 1 January 2024

If you make an employee temporarily unemployed, you will have to pay him/her, from 1 January 2024, in addition to the existing supplement(s), an amount of EUR 5 per day of unemployment, unless a subsistence security fund takes care of that payment.

This obligation applies to all temporary unemployment schemes, except that of temporary unemployment due to force majeure.

Existing supplement(s): brief reminder

Since 1 January 2012, employees are entitled, for each day of temporary unemployment for economic reasons, due to technical failure or bad weather, to a supplementary allowance (supplement) at the expense of the employer, unless a subsistence security fund takes care of that payment.

In principle, the minimum amount of this supplement varies between EUR 2 and EUR 5 per day of unemployment, depending on the activity sector (legal and/or conventional supplements).

Additional supplement

From 1 January 2024, your employee will be entitled to an additional supplement in case of temporary unemployment for economic reasons or due to technical failure or bad weather. In case of temporary unemployment due to force majeure, this additional supplement is not payable.

This supplement is introduced to compensate for the fact that the amount of temporary unemployment benefits, except those granted on account of force majeure, will be 60% of the average daily wage (instead of the current 65%) from 1 January 2024.

Important note! This supplement is added to the existing supplement(s) applicable in your company in case of temporary unemployment, with a few exceptions (see “No additional supplement”).

The additional supplement is EUR 5 for each day covered by unemployment benefits (this amount is linked to the threshold index on 1 January 2024 and is revalued in the same way as social benefits).

The supplement must be granted:

• from the first day of temporary unemployment when the employee's gross wage does not exceed EUR 4,000/month (the amount for 2024 is not yet known);
• from the 27th day of temporary unemployment, excluding the days of temporary unemployment due to force majeure, during the same year with the same employer when the employee's gross wage exceeds EUR 4,000/month (the amount for 2024 is not yet known); in other words, an employee whose gross wage exceeds that amount must have more than 26 days of temporary unemployment, excluding the days due to force majeure, during the same year with the same employer in order to be entitled to the additional supplement.

As an employer, you must pay that additional supplement yourself, unless it is covered by your sector's subsistence security fund.

No additional supplement

The additional supplement is not due if, under a collective bargaining agreement, the employee is entitled to an amount that is at least equivalent to the additional supplement in case of temporary unemployment.

Important! Clarifications are expected regarding some points. We will make sure to get back to you as soon as we have more information.

Source: Law of 5 November 2023 containing various work-related provisions, Belgian Official Gazette of 23.11.2023.