Telework and weekly return times to the workplace as from Wednesday 9 June

What are your obligations?

Following the Consultative Committee of last Friday 4 June, a new Ministerial Decree on Covid-19 measures was published in the Belgian State Gazette of the same day in which the modalities of both the mandatory telework and the weekly return times to the workplace are determined. These rules apply as from Wednesday 9 June 2021.
 

Telework remains mandatory until the end of June
In June, too, telework remains mandatory for all companies, associations and services for all employees, except if this is impossible because of the nature of the function or the continuity of executing the business, the activities or the services. The Ministerial Decree now specifies more explicitly than before that this obligation applies not only to own employees but also to all people irrespective of the nature of the employment relationship.

Since there were discussions in recent weeks about the scope of the obligation following flash controls by the social inspectorate, the Ministerial Decree clarifies that the obligation also applies to commercial businesses, private and public companies and services that are necessary for the protection of the vital interests of the Nation and the needs of the population.

From July until (at least) the end of August, telework is no longer expected to be mandatory but strongly recommended. The final decision in this respect still has to be made by the Consultative Committee depending on the number of vaccinations and infections.

Issuance of a certificate to persons with a non-teleworking function
For employees with a non-teleworking function who work in an establishment unit, the employer must still provide a certificate or some other piece of evidence confirming the necessity for their presence at the workplace. The Ministerial Decree now specifies more explicitly than before that this obligation applies not only to own employees but also to all people irrespective of the nature of the employment relationship.

Monthly declaration via registration tool

As long as telework remains mandatory, the obligation for employers with regard to the monthly declaration via the online registration tool on the website of the NSSO continues to apply in full. See our Newsflash of 29 March on this subject. The Social Security Portal (not available in English) provides instructions on how to register and what, for instance, is meant by a non-teleworking function. From now on, some companies are exempted from the obligation to register (e.g., a company with fewer than five persons irrespective of the nature of their employment relationship; employers in the construction industry; the cleaning and meat industry as regards the employees who are already subject to the mandatory registration of attendance; employers in the health care sector, etc).

For June, the registration had to be completed by 6 June at the latest. However, you did not have to make a new declaration if the total number of persons working at the establishment unit and the number of persons with a non-teleworking function there has not changed since your last declaration.

Weekly return to the workplace

As from Wednesday 9 June, you can schedule a weekly return time for those persons for whom telework is mandatory.

The following conditions apply:

• It concerns a return time of maximum one working day per week per person. A maximum of 20% of the people for whom telework is mandatory may be present in the establishment unit at the same time. For companies employing fewer than 10 people, a maximum of five of those for whom telework is mandatory may be present in the establishment unit at the same time. In practical terms, it is best to keep a register so that you can monitor the number of people present at the same time. This might be important in the event of a dispute or control by the social inspectorate.
   
• The system is based on mutual voluntariness. This means that the return cannot be enforced unilaterally by either the employee or the employer. According to the Ministerial Decree a mutual agreement is required between the company and the teleworker concerned. Moreover, as an employer, you may not draw conclusions for your own employees when someone decides not to make use of the possible return.
   
• The purpose of the return times must be to promote psychosocial wellbeing and the team spirit of these persons.
   
• These persons must receive prior instructions on all measures necessary for a safe return. Of course, anyone present at work must respect all the preventive measures that apply at the workplace (such as the rules of social distancing, face masks when moving, etc). The Generic Guide is and remains the standard for developing prevention measures at the workplace.
   
• These persons must be informed that they may not return to the workplace, under any circumstances, if they feel ill or show symptoms or find themselves in a quarantine situation.
   
• Travel to and from the workplace during the peak hours of public transport or via carpooling should be avoided as much as possible.
   
• The decision to organise weekly return times must be made in compliance with the rules of the social dialogue within your company, where all conditions are checked.

At the same time, it is important that an employer may not, in principle, make any distinction between vaccinated and non-vaccinated employees in its prevention policy, and the strict provisions of data protection legislation and discrimination legislation must always be taken into account.

Action point
As from Wednesday 9 June, weekly return times may be scheduled for those persons for whom telework is mandatory. Strict conditions apply. Involve your prevention counsellor and social partners in advance, so that everything runs smoothly and safely. Communicate clearly to your employees about the possibilities and inform them explicitly on the applicable measures at the workplace. In practical terms, it is best to keep a register so that you can keep track of the number of people present at the same time. This can be important in the event of a dispute or control by the social inspectorate.