The heavy rainfall that occured in some areas of the country over the past two weeks may make it impossible for certain employees to execute their employment contracts which may lead to the suspension of the underlying employment agreements. Therefore, the National Employment Office (NEO / RVA / ONEM) announced in its directive of 26 July 2021 that all temporary unemployment resulting from the severe weather conditions will qualify for the temporary unemployment scheme for force majeure as a result of exceptional weather conditions.
Temporary unemployment for force majeure due to exceptional weather conditions - the principles
Temporary unemployment for force majeure due to exceptional weather conditions presupposes that it is temporarily completely impossible for employees to perform their work. This is, for example, the case if an employee cannot perform their work because their place of employment is flooded, the infrastructure of the employer is damaged or because an employee cannot get to their place of work because of interruptions to public transport or flooded roads.
Given the exceptional situation, it is accepted that the circumstances which in themselves do not make work directly impossible may still be a reason to invoke temporary unemployment on the grounds of force majeure and this until 15 August 2021. This concerns situations in which a worker is affected by serious damage or losses and is de facto unable to work because they must prioritise their search for new accommodation, cleaning or repairing their home, settling claims or arranging alternative means of transport.
Starting from 14 July 2021 until 31 July 2021 anyone who is facing a situation of force majeure due to the exceptional weather conditions can make use of this temporary unemployment scheme if they meet one or more of the following conditions:
it is completely impossible to perform work;
it is temporarily impossible to perform work;
it is not possible to find alternative work;
the employee has not already taken leave or requested time off in lieu for the day(s) concerned;
the employee cannot reach the work site in any other way (e.g. using their own vehicle or alternative means of transport).
Simplified procedure for employers
In case of temporary unemployment for force majeure, in principle, the normal formalities must be respected. This means that employers must communicate the temporary unemployment for force majeure to the NEO.
However, for the days of temporary unemployment which occur during the period between 14 July and 31 July 2021, there is no need to communicate the temporary unemployment . In this case, employers only need to mention "force majeure" in the social risk declaration (ASR) for the days of temporary unemployment and indicate "exceptional weather conditions" as the reason for the force majeure.
Starting from 1 August 2021, employers must once again declare the temporary unemployment to the NEO electronically. This declaration will be accepted for a maximum period of three months (extendable if necessary).
Simplified procedure for employees
Employees must submit the simplified (Corona) form C3.2 and the abovementioned social risk declaration to their trade union or, if not unionised, to the Auxiliary Employment Benefit Fund to request their unemployment benefits. During the period of simplified procedure, employees are also exempt from being in possession of the C3.2A control card, regardless of the reason for temporary unemployment.
Summary
The recent exceptional weather conditions in Belgium have impacted many employers and employees, this could result in the suspension of employment agreements. For those affected a simplified temporary unemployment scheme has been instated and will apply until 31 July 2021. If you have any questions regarding this topic, don’t hesitate to contact us.
