Unable to work due to farmers' mobilization: temporary unemployment?

Traffic disruptions caused by the farmers' mobilization is preventing some workers from working.

These may include workers employed by transport companies, distribution centres or construction firms.

Can these workers be put on temporary unemployment due to force majeure?

Conditions

As an employer, you can apply for temporary unemployment due to force majeure:

• for manual and non-manual workers
• whose work is made totally impossible due to the farmers' demonstrations/blockades.

In concrete terms, force majeure presupposes an event:

• that is sudden and unpredictable, 
• that is independent of the will of the employer and the worker,
• and which renders the performance of the worker's employment contract temporarily and totally impossible (it is not enough that the performance of the employment contract is merely made more difficult or more costly).

Important note! Each situation will be assessed separately by the unemployment office (ONEM/RVA), which will take a decision based on the concrete factual circumstances (for example, a lack of supply will not automatically justify recourse to temporary unemployment on grounds of force majeure).

Formalities

If you wish to use temporary unemployment for reasons of force majeure, you must:

• notify the unemployment office (ONEM/RVA) of the force majeure as soon as possible (substantiated file);
• issue a monthly C3.2A control form to each temporarily unemployed worker (unless they use the electronic eC3.2 form);
• (if applicable) carry out a DRS unemployment scenario 2;
• carry out a monthly DRS unemployment scenario 5.

Visit the ONEM website for more information.

Please remind that if your worker arrives late or does not arrive at the workplace because of the farmers' demonstrations/blockades announced in the media, he cannot, in principle, claim remuneration for the hours not worked. With your agreement, he can take a day off or a day of time off in lieu.

Source: ONEm/RVA.