System of unemployment with company supplement: state of affairs 2015

Auteur: Anne Beckers
Datum:

The gradual increase of the age and career conditions with a view to the system of unemployment with company supplement was initiated by the government agreement of December 2011 that led to the Royal Decree of 28 December 2011.
This tendency is reinforced by the government agreement of 10 October 2014. The age condition that must be met by dismissed workers in order to be entitled to the system of unemployment with company supplement will be increased once more as from 1 January 2015.

Below we discuss the systems of unemployment with company supplement that will be applicable in 2015. We'll take a closer look at:

o   the age and career conditions specified by the Royal Decree of 28 December 2011. These conditions will apply from 1 January 2015 in the absence of a subsequent amendment of the law. They will also apply for the workers with a period of notice commencing before a certain date (see below);  

o   the age conditions specified in the government agreement of 10 October negotiated by the Michel I government. In order to be applied, these conditions must be laid down in a text of law.  A retrospective text together with transitional measures must not be ruled out.

Systems applicable from 01.01.2015

Except for the specific case of enterprises in difficulty or restructuring, these are the systems of unemployment with company supplement that are applicable as from 1 January 2015:

Age condition until 31.12.2014

Age condition from 01.01.2015

Source of law

Age condition

Under the Royal Decree of 28.12.2011

Under the government agreement1 2

Man

Woman

60 years

60 years

62 years

Cba No 17 of 19 December 1974 establishing a system of supplementary compensation for certain older dismissed workers.

40 years

2015

31 years

2016

32 years

2017

33 years

2018

34 years

2019

35 years

2020

36 years

2021

37 years

2022

38 years

2023

39 years

2024

40 years

40 years

58 years long career / 58 years profession involving heavy work 4

60 years

Cba or collective agreement closed and deposited before 01.01.2012 (or closed after 31.12.2011 but as an uninterrupted extension of a cba or a collective agreement and deposited before 01.01.2012).

40 years

2015

38 years

2016

39 years

2017

40 years

40 years

58 years long career / 58 years profession involving heavy work 4

60 years

Cba or collective agreement concluded for the first time after 31.12.2011.

40 years

40 years

56 years long career5

56 years

01.01.2015

58 years

Law of 12 April 2011 (B.M. 28.04.2011) as adjusted buy the law of 29.03.2012 (B.M. 30.03.2012).

40 years

40 years

01.01.2017

60 years

56 years profession involving heavy work - night work3

56 years

01.01.2015

58 years

Cba No 106 of 28 March 2013 determining (...) the conditions for the granting of a supplementary compensation in the context of the system of unemployment with company supplement (...)

33 years

33 years

01.01.2017

60 years

56 years heavy work - reduced capacity for work in the construction industry3

56 years

01.01.2015

58 years

Cba No 106 of 28 March 2013 determining (...) the conditions for the granting of a supplementary compensation in the context of the system of unemployment with company supplement (...)

33 years

33 years

01.01.2017

60 years

1 Transitional measures should be provided for workers with a term of notice beginning not later than 31.10.2014 (former system of unemployment with company supplement at 60 years) or on 30.10.2014 (former system of unemployment with company supplement at 56 years).

2 The politics programme is still missing accuracy and does not have the force of law. The provisions of the government agreement must be laid down in a text of law before they can be applied.

3 Subject to the extension of the system after 31.12.2014.

4 Profession involving heavy work: successive shifts, continuous work or shift work with nightwork. This system of unemployment with company supplement may be abolished from 01.01.2015.

5 Subject to an extension, the cba that provides for this scheme shall end on 31.12.2015.

Systems ending on 31.12.2014

The following systems shall no longer apply to the workers of whom the contracts end as from 1 January 2015:

-          System of unemployment with company supplement from 58 years for disabled workers or workers with serious physical problems (cba No 105);

-          System of unemployment with company supplement from 57 years provided by a collective bargaining agreement in the sector or the company deposited no later than 1 September 1987.

Two exceptions 

The transitional measures

The age and career conditions determined by the Royal Decree of 28 December 2011 and required to benefit the system of unemployment with company supplement from 1 January 2015 will continue to apply for the workers of whom the periods of notice have already started or will start before a certain date. The date currently set is 31 October 2014.

The step-up system

If maintained, the step-up system could refine the adjustments made by the Royal Decree of 28 December 2011 and the government agreement of 10 October 2014.

According to this system, the worker who meets the age and career conditions specified by a collective agreement applicable at the time of his application, has the right to 'freeze' his right to the system of unemployment with company supplement in order to exercise it later, at the time of his dismissal.

This means that a worker who has frozen his right to the bridging pension from 58 years before 31 December 2014, whilst a collective agreement was applicable at the time he met the age and career conditions, shall be entitled to the system of unemployment with company supplement from 58 years if he is dismissed after 1 January 2015.

Replacement: increase of the age condition

Until 31 December 2014 the employer who ends the employment contract of a worker under 60 years with a view to the system of unemployment with company supplement is obliged to replace him for 36 months by a fully unemployed person entitled to unemployment benefits or or an equated person.

From 1 January 2015 the replacement obligation will have to be met when the contract of a worker under 62 years is ended with a view to a system of unemployment with company supplement on the basis of a cba or a collective agreement other than the cba No 17, except if the worker was 60 years old not later than 31 December 2014.

Source: Royal Decree of 28 December 2011 amending the Royal Decree of 3 May 2007 regulating the conventional bridging pension in the context of the 'generation pact', with a view to increasing the in order to increase the employment rate of older workers, M.B. 30 December 2011 - Royal Decree of 20 September 2012 amending the Royal Decree of 3 May 2007 regulating the system of unemployed receiving employer-paid compensation, M.B. 4 October 2012 - Royal Decree of 23 April 2013 amending the Royal Decree of 3 May 2007 regulating the system of unemployed receiving employer-paid compensation, M.B. 2 October 2013 - Collective bargaining agreement No 107 concerning the step-up system for the retention of the additional compensation in the context of certain systems of unemployed receiving employer-paid compensation - Government agreement of 10 October 2014.

FR/NL

Auteur: Anne Beckers

28/11/2014