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On 6 November 2020, the federal government decided to reintroduce the simplified procedure for temporary unemployment due to corona force majeure for all employers and employees (manual and non-manual workers).
Consequently, all situations of temporary unemployment due to the corona virus can again be considered as temporary unemployment due to corona force majeure, regardless of whether or not the employer’s company is recognised as a company that is particularly hard hit by the crisis or the company belongs to a sector that is particularly hard hit by the crisis.
This measure shall apply from 1 October 2020 until 31 March 2021.
For more information, please refer to 'Reintroduction of flexible temporary unemployment due to 'corona' for all companies’.
The simplified procedure of temporary unemployment due to corona force majeure also applies when the employee is absent due to the closure of the establishment that takes care of his child (school, childcare centre, disability day-care centre) as a result of a measure to limit the spread of the coronavirus.
Since 1 October 2020, your employee has the right to remain absent from work without pay:
Your employee maintains this right as long as the child in question cannot return to the day-care centre, school or disability day-care centre.
For the days of absence, your employee may receive temporary unemployment benefits due to force majeure.
The employee who makes use of this right must inform you immediately.
He must also have a certificate completed (available on the website of the ONEm/RVA) by the school, the day-care centre, the disability day-care centre or the intramural or extramural service or treatment organised or recognised by the Communities. Afterwards, the employee immediately submits you the certificate that he has completed and co-signed.
This certificate confirms the closure of the said institution/interruption of service and indicates the period for which the closure/interruption of service applies.
For the days on which he is absent, your employee receives an unemployment benefit from the ONEm/RVA corresponding to 70 % of the ceiled salary (2,754.76 EUR per month) plus 5.63 EUR per day.
Following the government's decision to reintroduce the simplified procedure with regard to temporary unemployment due to corona force majeure for all employers and employees, only the following formalities apply:
For more information, please refer to 'Reintroduction of flexible temporary unemployment due to ‘corona’ for all companies’.
You must, moreover, keep the certificate of closure that your employee has submitted to you at the disposal of the services of the ONEm/RVA, in the event of an inspection.
The ONEm/RVA has announced that employees who will have to take time off from work to look after their children during the days of the extended autumn half-term break will be able to receive temporary unemployment benefits due to force majeure 'school closure'. This extension of autumn half-term break is in fact considered to be a school closure following a measure to limit the spread of the coronavirus.
Two important clarifications
Sources: law of 23 October 2020 extending temporary unemployment force majeure corona to employees in the event of closure of their child’s school, day-care centre or disability day-care centre, Belgian Official Gazette of 30 October 2020 ONEm/RVA.
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