The unity statue for blue-and white-collar workers

notice period | waiting day | medical check | application leave | trial period | outplacement

 

On January 1 2014 the unity statute came into force. Partena Professional is here to guide you through the changes.

For more than a century, Belgian labor laws have made the distinction between blue- and white-collar workers. These two statuses grew apart from each other in terms of the law, while in practice they have grown closer together. After all, with current working processes and techniques, how do you still make a strict distinction between intellectual and physical labor? 

In a ruling on July 7 2011, the Constitutional Court made a decision regarding the differences between blue- and white-collar workers. The legislation for the notice period and waiting day was in conflict with the principle of equality and non-discrimination. The differences had to be eliminated from Belgian law before July 8 2013. 

On July 5 2013, employers and employee representatives struck an agreement. On December 2013, the so-called unity statute appeared in the Belgian Official Gazette. Since this time, the following measures apply:

• Blue- and white-collar workers are subject to the same rules for the calculation of their notice period.
• The waiting day and trial period have been done away with.
• Outplacement is now organized differently.

Read on for more information about each of these changes and to find out how Partena Professional can help you adapt to them. 

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NEW NOTICE PERIODS 

The unity statute means that the notice periods for blue- and white-collar workers are dependent on the employee's length of service alone. Whether the employee is a blue- or white-collar worker now makes no difference.

HOW AND FOR WHOM?

The new notice periods apply for all employees with a permanent contract. 

There are two possibilities:

1. Did the contract begin on or after January 1 2014? In this case, the new notice period applies, based on the employee's length of service.
2. Did the contract begin before January 1 2014? Then you must calculate the notice period in 3 steps (the ‘click system’):
   1. Step 1: determine the period based on the length of service on December 31 2013 according to the rules from before the unity statute*.
   2. Step 2: determine the period based on the length of service on January 1 2014 according to the new rules. 
   3. Step 3: add the two periods together.

Count on Partena

Need any assistance switching over to the unity statute? You can turn to us for:

• the compulsory adjustment of your company rules. We can draw up an appendix in Belgium's three national languages and in English (50 euro for a monolingual version, 75 euro for a bilingual version and 80 euro for a version in three or more languages). 
• the calculation by your payroll consultant of the notice period and notice period salary.

Thorough assistance We offer the following formulas:

• Our legal service will take over all formalities to do with dismissal based on your checklist.
• Foto Light: you receive access to the details on December 31 in order to calculate the notice period. 
• Foto Full: we determine the notice period on 31 December 2013 for all employees. We'll note down the calculation with the different parameters (length of service, salary) in detail. Then for any subsequent dismissals in the future (long into the future), you'll only have to add to this the notice period as of January 2014. 

UNITY PERIOD DOES AWAY WITH WAITING DAY 

What happened in the past when a blue-collar worker's disability leave was less than 14 days? The employee would not be paid for the first day, the so-called waiting day. Neither by the employer, nor by the health insurance fund. 

The unity statute does away with this waiting day. Blue-collar workers receive a guaranteed salary from their first day of disability leave, just like white-collar workers. 

STRICTER MEDICAL CHECKS

In order to protect employers, medical checks have become stricter since January 1 2014.

Employees lose their right to a guaranteed salary if they:

• do not immediately inform their employer of their disability or incapacity for work (except for in the case of force majeure);
• do not present a medical certificate within the agreed period;
• refuse the medical check without a legitimate reason.

Still no notice, medical certificate or proof of medical check? Until you receive it, you are entitled to deny the employee a guaranteed salary. 

The collective employment contract (in your sector or company) or company rules can specify the period of the day in which a check can be carried out: no more than four consecutive hours between 7 a.m. and 8 p.m. The employee must then be at home or at another location that they have communicated with you. 

COUNT ON PARTENA

How do you approach medical controls? Your Partena Professional payroll consultant introduces you to our partner Medconsult. 

NO MORE TRIAL PERIOD WITH THE UNITY STATUTE

Since the unity statute of January 1 2014, you may no longer include a trial period in an employment contract. 

In the case of temporary, agency or student employment, the first three days of work count as the trial period. During this period, either party may terminate the agreement without notice or remuneration. 

COUNT ON PARTENA

Want to ring in this change as smoothly as possible? Partena provides a model employment contract.

NEW OUTPLACEMENT RULE 

Are you dismissing an employee with a notice period of at least 30 weeks or compensation in line with that many weeks' salary? Since the unity statute came into force, you are required to offer your employee outplacement services. Exceptions include dismissal due to restructuring or urgent reasons. 

What if an employee who is 45 years or older is no longer entitled to outplacement under this new rule? In this case, he or she will receive it (as was the case before the unity statute) after completing one year's service. 

THE UNITY STATUTE AND APPLICATION LEAVE

Employees receive application leave during their notice period:

• during the last 26 weeks: once or twice a week and no more than one full working day per week
• before the last 26 weeks: one half-day per week

COUNT ON PARTENA

How will you adapt to this new outplacement rule?

• Use the model documents provided by Partena Professional. 
• Check whether your sector can offer assistance.
  • No? Then your Partena Professional payroll consultant will put you in contact with our partner Daoust or Jobguide.