Belgium

Our predictions for the key employment law trends in Belgium for 2021.

1. Covid-19: flexible regime of temporary unemployment due to force majeure

All companies impacted by the COVID-19 crisis can use the temporary unemployment scheme due to force majeure “COVID-19” until 31 March 2021. Under the scheme, a company can apply for temporary unemployment as a result of which the employment contracts with that Company’s employees are suspended and the employees receive unemployment benefits paid by the unemployment authority.

There are no longer specific conditions for applying for the temporary unemployment scheme. The scheme is identical for blue-collar and white-collar employees. Given the current situation, there is a strong chance that the scheme will be extended beyond March 2021.

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2. Discrimination and the fight for diversity

We anticipate that one key theme in Belgium for 2021 will be the fight for diversity and against all forms of discrimination, including the evaluation and possible adaptation of anti-discrimination legislation. The Belgian government is particularly focused on diversity and all forms of discrimination. Therefore, the social inspection authority must be able to carry out discrimination tests based on either a substantiated complaint, data or an objective indication. Also, the Government wants to launch a debate between the social partners on the remuneration package, based on a study by the Central Economic Council on the correlation between salary and seniority.

3. The environment and green labour mobility

All new company cars must in principle be greenhouse gas-free by 2026. Furthermore, the government wants to introduce a framework in which employers can grant a mobility budget to employees who are not entitled to a company car in order to stimulate sustainable mobility alternatives (public transport, bicycles, climate-neutral cars, etc.).

4. Employee wellbeing

The Belgian government wants to implement the ‘European social partners framework agreement on digitalization’ of 2020, which addresses the possibility of disconnecting (also known as “digital switch-off”).

In addition, the Belgian government stresses the importance to support employers and employees to start up reintegration programs (faster) after a period of incapacity for work and to complete the reintegration program successfully. There also has to be a focus on the responsibilities of all those involved, i.e. employers, employees and doctors (general practitioner, occupational practitioner, consulting practitioner) in terms of both prevention and reintegration.

5. Lifelong learning

The Belgian government stresses the importance of focusing on education and training of employees and the continuous updating of knowledge and skills including, among others, the right to an “individual training account”: at interprofessional level, the aim is to ensure that each full-time employee is entitled to an average of five training days a year.

However, companies with less than 20 employees can be exempted. Furthermore, companies and employees will be encouraged to use longer periods of temporary unemployment for training purposes.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.