The Royal Decree determining the way temporary workers are counted is published
With respect to the forthcoming social elections, certain temporary workers must be taken into account to calculate the threshold of 50 or 100 workers. Today's Belgian Official Journal contains the Royal Decree determining how an employer must actually count such workers during the last quarter of 2011.
Each employer working with temporary workers during the last quarter of 2011 must now create an appendix to the staff register. For each temporary worker, the following information must be mentioned, chronologically by date of entry into service: number, surname and first name, dates of starting and ending work, name of the temporary agency and the worker's weekly schedule.
To what degree do those temporary workers have to be taken into account to reach the threshold of 50 or 100 workers? The answer comes from the following formula:
Total number of calendar days recorded in the staff register
92
However:
- a temporary worker replacing a permanent worker, the execution of whose work contract is suspended, does not have to be taken into account in this calculation;
- a temporary worker working less than ¾ of a full-time schedule has to be taken into account only for half in this calculation.