At the end of July, the National Employment Office (NEO) announced a simplified procedure for temporary unemployment due to the extreme weather conditions. This regulation initially applied until 15 August 2021 and has now been extended until 31 August 2021.
Extension
In our newsletter of 27 July 2021, we have explained the principles and the procedure of temporary unemployment for force majeure due to exceptional weather conditions. Here we will once again give a summary of the main principles and point out some of the important aspects.
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. This concerns situations in which an employee 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. In principle a request based on such grounds was only to be accepted until 15 August 2021, but this has now been extended until the end of August.
Procedure
For the full explanation of the procedure, we refer to our newsletter of 27 July 2021.
However, here are some important aspects of the application to take into account :
The NEO recalls that it is necessary for the employer to include a concrete description of the circumstances in the remarks section, e.g. clean-up work in the flooded house or no means of transport to reach the place of work is available.
Furthermore, a new application should be filed to cover the extension period if a declaration regarding the employee's personal situation has already been accepted until 15 August 2021.
The NEO also accepts that the temporary unemployment due to force majeure may alternate. This means that an employee does not have to be continuously temporarily unemployed and / or different employees may be alternately employed.
The same conditions continue to apply to benefit from temporary unemployment for force majeure due to exceptional weather conditions :
it is completely impossible to perform work: the NEO states that this does not apply where teleworking is still possible;
it is temporarily impossible to perform work: this does not apply if the employer decides not to rebuild their company;
it is not possible to find alternative work (e.g. cleaning work);
the employee has not already taken leave or requested time off in lieu for the day(s) concerned;
the employee cannot reach the place of work in any other way (e.g. using their own vehicle or alternative means of transport).
Conclusion
Employers can therefore apply for temporary unemployment for force majeure due to the personal situation of an employee until 31 August 2021. If an application was already accepted, employers must file a new declaration. If you have any questions regarding this topic, don’t hesitate to contact us. We will be happy to assist you.
