The “jobsdeal” contains several measures to reform the labour market. In a series of 5 topics, we will discuss the most important measures.
In this News (2/5) the reemployment measures are explained, i.e. “the performance of a notice period with a new employer” and the so-called “employability measures”.
First measure: Performing a notice period with a new employer
To facilitate the transition to a new job, it will be possible for dismissed workers to start working in another company during their notice period, whilst staying on the payroll of the first employer.
This mechanism cannot be imposed and is purely voluntary, but is subject to a few formalities:
- The worker should be leased out through a temporary employment agency or a regional public employment service (Actiris for Brussels, FOREm for Wallonia and VDAB for Flanders);
- The conditions and duration of the leasing must be laid down in a four-party agreement between the initial employer, the dismissed worker, the new employer and the employment agency.
Furthermore, the following specific modalities apply:
- The initial employer continues to pay the normal wage. Only if the wages in the new job are higher, the higher wages must be paid. A compensation mechanism at the expense of the new employer will be put in place via separate legislation;
- This mechanism can be stopped by both the worker and the new employer before the end of the term, subject to the observance of a notice, which is calculated according to the normal rules, but taking into account the seniority since the start of the leasing.
- At the end of the leasing, the new employer has to offer the worker an open-ended employment contract. If he fails to do so, a compensation equal to the salary for half of the duration of the leasing is due.
Even though this measure will in principle enter into force 10 days after the publication of the Act in the Belgian Official Gazette, we still have to wait for further clarifications on a number of points, such as the minimum duration of the leasing and the rules regarding the compensation for the salary paid by the original employer, etc.
Second measure : Employability measures
Workers with a long notice period (i.e. at least 30 weeks), should be encouraged to take initiatives during the notice period or the period covered by the severance pay to increase their chances of finding a new job.
In practice, the notice period will be divided into two parts:
- The first part relates to 2/3 of the statutory notice period, with a minimum of 26 weeks, or the severance pay that corresponds to (the balance of) this period;
During this first part, nothing changes. Depending on the case, the employee will either perform a notice period or receive compensation in lieu of notice;
- The second part relates to the remaining 1/3 of the first part;
In the event of dismissal with notice, the worker may, from the beginning of the notice period, take time off work to follow “employability measures”;
In the event of dismissal with compensation, the worker will have to “remain available” for these employability measures.
These employability measures will be financed with the employer’s contributions on the salary of the notice period /severance pay of the second part (1/3).
Employability measures may consist of outplacement (the current regulation remains applicable) or training, coaching, etc. According to the explanatory memorandum to the Act, this measure is thus complementary to the existing rules on outplacement.
According to the Act, this measure should come into force on 1er January 2023 and apply to redundancies occurring from that date.
Caveat
This information is provided subject to approval of the final version of the said Act.
Source:Draft Act on various labour provisions, Ch., session 55, n° 2810/001.
This article was first published on our Belgian member’s website Sotra on 14 July 2022. To know more about our member and how they can assist you, click here.
