Extension of corona force majeure regime until 31 March 2021 confirmed in the Belgian State Gazette

In November 2020, the Federal Government already decided that all companies that wanted to introduce temporary unemployment due to the COVID-19 pandemic could apply for the flexible regime of temporary unemployment due to “corona force majeure” again until 31 of March 2021. 

Here, we remind you of the most important elements regarding this corona force majeure regime:

1. Flexible regime

The application of the regime of temporary unemployment due to corona force majeure is very flexible and is identical for both blue and white collar workers.

The employer only has to file an “ASR declaration scenario 5”. In this declaration, the employer indicates that the temporary unemployment is due to “force majeure” by selecting code 5.4 “nature of the day” and specifying “corona virus” as the reason. When entering the salary data, the employer must also use the appropriate codes (which are provided by the social secretariat).

The employer who uses this corona unemployment regime is also not required to keep a validation book and does not have to issue a C.3.2A control card to the employee.

2. Information duty

In addition to the aforementioned limited formalities in the event of the corona unemployment regime, the employer is also subject to an information obligation. More specifically, he must inform the temporarily unemployed employee(s) individually about:

• the days or the number of days during which the employee is temporarily unemployed and, where appropriate, the days or the number of days during which the employee is expected to work;
• the period covered by this notification.

Such notification must be made no later than the day before the suspension or the introduction of the new reduced working time scheme enters into force, and, in any event, before the employee leaves home to go to work.

If the suspension or the introduction of the new working time scheme concerns several employees at the same time, the notification may also be made collectively, provided that each individual employee is clearly aware of the working time scheme which applies to him/her.

Furthermore, the employer must inform the works council or, if there is no works council, the trade union delegation. He must also inform the employee of the formalities he/she must complete in order to be eligible for unemployment benefits from the National Employment Office.

The obligation to provide information applies:

• each time the employer increases the number of days of unemployment initially planned;
• each time the employer changes from a reduced working time regime to a period of total suspension of the execution of the employment contract.

3. Compensation employee

During the period of the corona force majeure regime, the temporarily unemployed employee will receive unemployment benefits from the NEO, equal to 70% of the salary (whereby the salary taken into account is capped at EUR 2,754.76 gross). This represents an increase from 65% to 70%. This compensation is also increased by a daily allowance of EUR 5.63 gross. Certain joint committees also provide for an additional supplement.

Action point

During the first quarter of 2021, the sectors affected by the COVID-19 pandemic will still be able to rely on the temporary unemployment due to corona force majeure. For companies that fear that they may be confronted with a lack of work for a longer period of time, it will be important to closely follow the evolution of the regulation in the upcoming months. We will, of course, provide you in due time with updates that occur in this regard.