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, had been extended until 31 August 2021 and has now again been extended until 30 September 2021.
Extension and procedure
In our newsletters of 27 July 2021 and 23 August 2021, we have explained the principles and the procedure of temporary unemployment for force majeure due to exceptional weather conditions.
The key takeaways are:
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 31 August 2021.
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.
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 apply for temporary unemployment for force majeure due to the personal situation of an employee until 30 September 2021. If an application was already accepted until 31 August 2021, employers should file a new declaration. If you have any questions regarding this topic, don’t hesitate to contact us. We are of course happy to assist you.
