Factsheet for measure
BE-2020-11/380
–
Updated
– measures in Belgium
Extension of temporary unemployment due to force majeure
Verruiming van de tijdelijke werkloosheid wegens overmacht
Background information
This measure was introduced because there was an increase in requests for temporary unemployment status. The measure alleviates pressure on the institutions that are tasked with organising and distributing unemployment benefits so that more people can access them. Both the National Employment Office (NEO) and the trade unions play an important role in paying out unemployment benefits.
The use of temporary unemployment means that employers no longer have to pay the wages of their employees. The cost is transferred to the government through the unemployment benefit,thereby enabling them to reduce their costs and enhancing their ability to better cope with the period of inactivity of the business.
The measures makes the procedure shorter and more simplified for employees in order to make sure they receive their unemployment benefit as fast as possible.
Content of measure
From 13 March 2020, the status of temporary unemployment due to force majeure will be flexibly applied by the NEO. All situations of temporary unemployment due to COVID-19 can be considered as temporary unemployment due to force majeure, even if it is still possible to work on certain days.
For the duration of the restrictive measures, the employer is not obliged to send notices of temporary unemployment for reasons of force majeure to the competent unemployment office of the NEO.
The employee may use a simplified form to submit the application for benefits to the designated payment institution.
The employee receives a benefit equal to 70% of his average capped salary. This benefit is capped at €2,754.76 per month.
The employee who is made temporarily unemployed due to force majeure will receive a supplement of €5.63 per day on top of the unemployment benefit, from the NEO. A withholding tax on professional income of 26.75% is deducted from the benefit.
Updates
The following updates to this measure have been made after it came into effect.
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16 September 2022
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The temporary unemployment scheme will be extended once again for companies in hardship because of increasing energy prices. Employers will be able to put employees in unemployment, whereby they receive 70% of their wage + a premium of €6.10 per day.
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01 July 2022
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Starting 1 July 2022, the system of temporary unemployment due to force majeure within the context of the Covid-19 pandemic or war in Ukraine has ceased. The regular system of temporary unemployment (which predates the pandemic) still exists.
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20 December 2021
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On 10 December 2021 a number of economic support measures were introduced by the federal government. The extension of the temporary unemployment measures is one of them. Concretely the system will be extended once more until 31 March 2022.
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04 January 2021
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People that have travelled abroad for more than 48 hours are obliged to go into quarantine for at least 7 days (and undertake 2 tests). If this quarantine leads to being unable to work for 7 days, the person has no right to make use of the temporary unemployment scheme. Employers that still request temporary unemployment despite the ban risk legal sanctions or actions.
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18 December 2020
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An additional premium has been introduced for people that have made use of the temporary unemployment system for a long time (more than 53 days). If the person in question was temporarily unemployed for more than 53 days, he or she will receive an additional premium of €10 for each new day of unemployment. The payment and application is done automatically, the unemployed does not have to do anything additional.
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11 December 2020
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The Federal Government has decided that a supplement will be provided at the end of the year (2020) to employees that have been temporarily unemployed for a significant amount of time. Employees/unemployed that made use of the system for 52 days or more will receive a premium of €10 per day of temporary unemployment during 2020, with a minimum of €150.
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14 October 2020
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The social partners decided to extend collective bargaining agreement number 147/147bis, which was agreed at the start of the corona crisis, from 1 July 2020 to 31 December 2021. The collective agreement provides for an employer's supplement of €5.63 per day of temporary unemployment per worker and provides access to the traditional system of economic unemployment for white-collar workers and the corona transitional system.
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28 August 2020
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The system has been extended as well as adapted (starting September 2020). From that date, two systems will apply (one for companies or sectors that are considered to be very badly hit and one for companies that are less impacted but still require the measure):
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Companies that are 'particularly badly' affected by the corona crisis can continue to use the system of temporary unemployment due to force majeure by Corona until the end of this year. They must demonstrate that in the second quarter (April-May-June 2020), 20% of the total number of working days declared were days of temporary unemployment (force majeure due to Corona or economic unemployment).
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There are also sectors that have been recognised as 'particularly hardly hit'. The employer should do nothing for the taxi sector, the audiovisual sector, the hotel industry, entertainment companies, the socio-cultural sector, the tourist attractions sector. These are automatically recognised.
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For a number of sectors, the employer must file a declaration with the national unemployment offices and it only applies to certain activities (i.e. not automatically to all employees of the joint committee).
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Other companies can make use of the classic systems of temporary unemployment that already existed before the corona crisis: 'temporary unemployment for reasons of force majeure' and 'temporary unemployment for economic reasons'. Each system has its own criteria and formalities which may also deviate from the arrangements for the corona crisis. For this group the 'normal' rules become applicable again.
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26 June 2020
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The measure has been extended until the 31 August 2020.
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Use of measure
At the peak of the crisis, approximately 1.2 million employees made use of the system of temporary unemployment out of an active population of less than 4 million.
In 2020, the COVID-19 crisis caused a sharp increase in the uptake of temporary unemployment. On average, there were 311,600 cases per month throughout 2020, which is four times greater than the number of cases per month in 2019.
Target groups
Actors and funding
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Actors
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Funding
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National government
Trade unions
Employers' organisations
Company / Companies
Public support service providers
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National funds
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Agreed (outcome) incl. social partner initiative
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Agreed (outcome) incl. social partner initiative
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Form
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Consultation through tripartite or bipartite social dialogue bodies
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Consultation through tripartite or bipartite social dialogue bodies
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Social partners' role in the
implementation, monitoring and assessment phase:
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Social partners jointly
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Main level of involvement: Unknown
Involvement
The National Labour Council provided advice and a collective agreement (147) was signed which formalises the measure until the 30 June.
Views and reactions
Besides this agreement and advice, discussions are taking place between trade unions and employers. Trade unions claim that some employers abuse temporary unemployment and place sick employees (with sicknesses that have no connection to COVID-19) within the temporary unemployment sickness system to reduce costs. This is forbidden and employers are expected to continue providing a salary to those employees. Many of the companies that abuse this measure are continuing to function despite COVID-19 measures.
Social partners argue that easy access to temporary unemployment is an absolute necessity. Otherwise, the lead times for support increase and the risk of bankruptcies and dismissals grows exponentially. They agree that temporary unemployment supports employers and employees, and stabilises the socio-economic impact of the pandemic.
Sources
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18 March 2020: National Labour Council
(www.cnt-nar.be)
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20 March 2020: National Employment Office
(www.rva.be)
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23 March 2020: Federal Office for Employment, Labour and Social Dialogue
(werk.belgie.be)
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26 March 2020: Misbruik van regelingen door werkgevers moet ophouden!
(www.hetacv.be)
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08 April 2020: De Tijd: Coronacrisis kost Belgische economie dit jaar 45 miljard euro'
(www.tijd.be)
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08 April 2020: Vakbonden hekelen opnieuw misbruik tijdelijke werkloosheid bij ziekte
(www.hln.be)
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28 August 2020: Tijdelijk werkloos door corona: nieuwe regeling vanaf 1 septembe
(www.abvv.be)
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14 September 2020: Social agreement to guide companies further through the Covid-19 crisis
(www.vbo-feb.be)
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18 December 2020: Federal Unemployment Offices
(www.rva.be)
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04 January 2021: Liantis.be
(www.liantis.be)
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16 September 2022: Federale regering bereikt akkoord energiesteun: bijna 400 euro voor gas en elektriciteit en tijdelijke werkloosheid voor bedrijven
(www.vrt.be)
