COVID-19 - return visits to the office as from 9 June

09 Jun 2021

Last Friday, 4 June 2021, a new Ministerial Decree on COVID-19 measures was published in the Belgian Official Gazette, including the possibility to (partly) return to the office as from Wednesday 9 June 2021.

As from 9 June, home working continues to be mandatory in all companies and for all employees unless this is impossible due to the nature of the employee’s position or if working from home would impede the continuity of the business. In addition, companies are still required to file a monthly report, detailing the positions for which working from home is impossible. For more information on these topics, we refer to our dedicated newsletters of 29 March 2021 and 21 January 2021.

However, as from 9 June 2021, companies can also schedule periodic return visits to the company for their employees, if the following conditions are met: 

  • there must be an agreement between the employer and the employees regarding the return. This means that the employer cannot force the employee to return to the office;

  • the aim of the return visits must be to improve both the psychosocial well-being of the employees and their team spirit; 

  • the employer must give the employee the necessary instructions in advance to ensure a safe return to the office; 

  • the employer may not impose any consequences to the return or non-return of the employee(s); 

  • commuting by public transport during rush hour, as well as carpooling, must be avoided to the extent possible; 

  • the decision to organise return visits must be made in accordance with the rules of social dialogue within the company.

Note, however, that there is a limit to the return visits. Indeed, the employee may only return to the office once a week. In addition, on any given day, only 20% of the employees for which working from home is mandatory are allowed to be present at the office. Of course, the rules of social distancing must always be guaranteed within the company and the maximum level of protection must be sought. Both the employer and the employee are obliged to comply with these rules.

In their Summer Plan - in which a gradual lifting of the COVID-19 restrictions is laid down - the Government detailed that, if certain epidemiological parameters are met, working from home will no longer be mandatory, but still recommended, as from 1 July. However, a final decision in this respect is still required. 

Conclusion 

As from today, Wednesday 9 June 2021, a periodic return to the office is possible if all conditions are met. Please note that the employer cannot force their employees to participate in these return visits. 

If you have any questions in this respect, do not hesitate to contact us.

Contact us

Pascale Moreau

Pascale Moreau

Partner, PwC Legal BV/SRL

Tel: +32 479 90 02 76

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