Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On 12 March, the Belgian government imposed additional social distancing measures to limit further outbreak of the coronavirus (COVID-19). These measures apply as of 13 March at midnight and apply through 3 April. Although schools are not closed, there will be no in-class sessions. All in- and outdoor sport and leisure activities and events are cancelled. Public transportation continues to function as normal. Stores are open during the week, yet closed during weekends. Stores selling essential goods such as food and medicines, however, will remain open on the weekends.
The following chart provides examples of possible scenarios, likely consequences, and recommended employer actions.
|
Scenario |
Examples |
Consequences |
Actions |
|
The State forbids me from operating my business |
Restaurants, bars, night clubs, cultural happenings, sport exhibitions or competitions, non-food shops on Saturdays |
Employment contracts are suspended and employers are not obligated to pay their employees Temporary unemployment (due to unforeseen circumstances) will be available; employees will be partly compensated by the State |
Provide written notice with this information to employees Take administrative steps to apply for temporary unemployment measures |
|
My company is allowed to operate, but is affected by a decline in business |
Caterers, wholesalers for restaurants and bars, travel agency, hotels |
Employers may be able to apply for total or partial suspensions of their employment contracts (due to economic unemployment); employees will be partly compensated by the State |
Take administrative steps to apply for temporary unemployment measures and enter into a new collective bargaining agreement (CBA) or plan for white collar employees |
|
My business is allowed to operate and it faces an exceptional increase in activities |
Shops in the food sector, medical industry, take-out restaurants |
Employees continue to work as usual Employees may be asked to work overtime (with overtime pay and compensatory rest to be provided later) |
Provide instructions to employees if requesting overtime Take administrative steps with the trade union (if any) and the authorities to allow overtime |
|
My business is allowed to operate but I would like my employees to telework |
Consultants, accountants, bailiffs, public notaries |
If employees have not worked remotely before, they cannot be forced to do so unless they expressly agree to the arrangement |
Provide a letter of explanation to the employees about the telework option Create an addendum to the employment contract if they agree to telework |
|
Business continues as usual |
Companies with permanent teleworkers, shops (during the week) not impacted by the virus, factories |
The employment contracts continue as before |
n/a |
|
What if the government forbids commuting as a next step? |
Factories, non-profit associations |
If the ban on commuting renders the employees’ work impossible, the employment contract is suspended and employers are not obligated to pay their employees Temporary unemployment will apply; employees will be partly compensated by the State If employees can telework, employees must accept that work arrangement unless they have reasonable grounds to refuse to work from home |
Provide notice to employees of this development Take administrative steps to apply for temporary unemployment measures Provide a letter of instruction to the employees regarding telework |
Additional information:
- The employer is not allowed to unilaterally require employees to take their holiday.
- The State has announced additional measures to support economic activity, including the ability to postpone payment of social security contributions, VAT or tax withholdings, and even a possible exemption from social security contributions for certain businesses (catering). Additional measures may apply depending on the region where the business is located.
As this is a fluid and rapidly changing situation, please keep in mind that different or additional facts may warrant re-assessment of policies and practices. Accordingly, employers should consult with their employment counsel to keep updated on any new legislation or related legal development.
