The legislation on the Crisis premium has been modified!

The Act of 28 April 2010 on diverse provisions was published on May 10, 2010 in the Belgian Official Journal of Legislation. Several aspects of the legislation regarding the crisis premium for blue-collar workers were modified.

Here is a short overview.

• Thanks to a relaxation of formalities, an immediate dismissal with payment of a notice indemnity can again be announced orally. Under the previous regulation, this needed to be done by means of a registered letter or a letter served by a bailiff. Since this provision is now modified with retroactive effect, employers who have paid the full amount of the crisis premium because of non-compliance with this formality may now reclaim this amount from the RVA/ONEM.
• In case of a restructuring of the company, blue-collar workers with at least one year of seniority at the time the employer communicates his intention to proceed with a collective dismissal, will not be entitled to a crisis premium. Blue-collar workers who do not fulfil this seniority requirement, will now be entitled to the crisis premium, but this will be entirely at the expense of the RVA/ONEM.
• The number of cases in which the crisis premium is entirely at the RVA/ONEM’s expense is increased, namely:
• if the blue-collar worker has less than six months of seniority at the time of notification of the dismissal;
• if, in case of a restructuring, the dismissed blue-collar worker has less than one year of seniority at the moment the employer communicates his intention to proceed with a collective dismissal and if the blue-collar worker can subscribe for the employment cell;
• for dismissals notified from 1 January 2010 until 31 March 2010 included, the crisis time credit regime or the temporary crisis adjustments of the working time in the last quarter of 2009 are now taken into account as well, instead of only the crisis measures in 2010;
• for dismissals notified from 1 January 2010 until 31 March 2010 included, the period of economic unemployment in the last quarter of 2009 is now taken into account as well.

These new provisions enter into force with retroactive effect on 1 January 2010. The legislation applies to dismissals notified until 30 June 2010. It is expected that this measure will be renewed.