War in Ukraine: impact on the employment contract?

The war in Ukraine may have economic consequences for some Belgian companies.

It also means that workers may no longer be able to perform their jobs normally.

These workers could, in principle, benefit from temporary unemployment benefits.

Several hypotheses can be distinguished.

Please note! At present, we do not yet have all the information regarding the application of the temporary unemployment schemes described below. We will keep you informed in due time.

Temporary unemployment due to force majeure

According to the ONEm/RVA, the employer could, in principle, benefit from temporary unemployment due to force majeure until 31 March 2022, in particular:

• if the delivery of raw materials from Eastern European countries is no longer assured;
• In case of export difficulties;
• etc.

The performance of the employment contract must be completely impossible; however, the employer may introduce a rotation system or occupy certain workers temporarily.

The conditions and formalities to be observed are described on the website of the ONEm/RVA.

In the notice sent to the ONEm/RVANEO, the employer must state:

• the nature of the force majeure, i.e. “the war in Ukraine”;
• in the “remarks” section, the reason for the temporary unemployment, e.g. “no more possible supply of raw materials from Ukraine”.

If temporary unemployment due to force majeure is recognized by the ONEm/RVA, the workers (manual and/or non-manual) concerned will receive temporary unemployment benefits.

Please note! At present, employers who want to invoke this type of temporary unemployment are strongly advised to obtain the prior advice of the ONEm/RVA. 

Temporary unemployment for lack of work due to economic reasons

In principle, the employer could appeal to temporary unemployment for lack of work due to economic reasons if the number of customers, production, turnover, orders, etc. decreases.

The conditions and formalities to be observed are described on the ONEm/RVA website; they vary depending on whether the workers concerned have the status of manual worker or non-manual worker (in the latter case, the company must be (recognized as being) in difficulty).

The provisions with regard to temporary unemployment due to economic reasons applicable in the sector, if any, must also be observed.

If these conditions and formalities are observed, the workers (manual and/or non-manual) concerned will receive temporary unemployment benefits.

Please note! At present, employers who want to make use of this type of temporary unemployment are strongly advised t9o obtain the prior advice of the ONEm/RVA. 

No temporary unemployment

In principle, the worker, who cannot leave Ukraine (for example, because he was on vacation there), cannot be put on temporary unemployment; indeed, the uncertain situation in the country has been known for some time and travel is strongly discouraged.  

The same applies for the worker (of Ukrainian origin, for example) who wishes to take time off to go to Ukraine and offer support.

On the other hand, and with the (written) agreement of the employer, these workers can:

• take up (non-statutory) days of leave;
• take unpaid leave of absence;
• or take leave of absence due to urgent reasons.