Temporary unemployment due to corona from 1 September: new procedure

Jill Engelen   |  

Jill Engelen

Jill Engelen

Jill is het aanspreekpunt voor loonadministratie en juridisch advies op vlak van sociale wetgeving.

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NEO (RVA – National Employment Office) has two new forms that are important for applications for temporary unemployment (TW) as a result of the corona crisis from 1 September 2020.

They allow the NEO to assess whether an employer can still implement corona unemployment from 1 September, and if not, whether he can implement the transitional scheme for economic unemployment for white-collar workers.

The forms are as follows

1) The C106a form – corona – HGO (hard hit company)

With this form, the employer demonstrates that he experienced at least 20% corona unemployment and/or temporary unemployment for economic reasons in the second quarter of 2020. As a result, he can continue to rely on the simple procedure for corona unemployment from 1 September 2020.

The employer sends the form electronically (e-mail) to the ‘temporary unemployment’ department of the unemployment office of the NEO responsible for the registered office of the company. The e-mail addresses can be found on the website of the NEO (www.rva.be).

The form has no submission deadline. It is advisable to send the form as soon as possible and preferably before the start of the corona unemployment (which can only start from 1 September 2020 at the earliest).

2) The C106a form – corona – transitional scheme (relaxation of TW for economic reasons for white-collar workers)

With this form, the employer demonstrates that in the quarter prior to the application for TW for economic reasons for white-collar workers, he has experienced a decrease in production or turnover. It must be at least 10% compared to the same quarter in 2019.

In the form, he also undertakes to offer the white-collar workers concerned two training days per month.

This form provides the opportunity to access the more flexible scheme of TW for economic reasons for white-collar workers (transitional scheme).

The transitional scheme will apply from 1 September to 31 December 2020 for employers who can no longer rely on the simple procedure for corona unemployment.

The employer sends the form by registered mail to the ‘temporary unemployment’ department of the unemployment office of the NEO responsible for the site where the company is established. In order to facilitate the processing of his file, the NEO recommends that the form be sent electronically (by e-mail) to the responsible department as soon as possible. The e-mail addresses can be found at www.rva.be.
He will do this at least 14 days before first notifying the NEO of ‘suspension of white-collar workers due to lack of work’. For TW from 1 September, the form must therefore be sent no later than 10 August 2020. This is because the NEO must be notified 7 calendar days before the start of unemployment. Employers who wish to invoke TW for white-collar workers for economic reasons from 1 September 2020 will now have to switch quickly. This is particularly the case for those who do not yet have a collective bargaining agreement or business plan. Companies with a trade union delegation for white-collar workers must also take into account that they must first negotiate a collective bargaining agreement. They can only draw up a business plan if the negotiations do not yield results within a period of two weeks.

Summary

From 1 September 2020, an employer who is struggling with a lack of work can rely on one of the following schemes:

1) Corona unemployment (for both force majeure and economic reasons)

  • for employers (legal entity) with at least 20% corona unemployment + TW for economic reasons in the second quarter of 2020

OR

  • for employers from a sector designated by the Employment Minister as hard hit by the corona crisis (currently no sectors designated)

2) TW for economic reasons

  • for employers with less than 20% corona unemployment + TW for economic reasons in the second quarter of 2020

OR

  • for employers from a sector not designated by the Employment Minister

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