1 / Mandatory teleworking?
2 / APE workers and temporary unemployment
3 / Generalization of temporary unemployment due to force majeure
4 / Support for sports activities (Brussels-Capital Region)

Monday March 23, 2020

1 / Mandatory teleworking?

Since March 18, 2020, a ministerial decree imposes teleworking at home for all functions that lend themselves to it.
What does this mean in concrete terms?
In order to limit the spread of COVID-19 and protect workers, all authorities impose the maximum organization of telework.
In some associations, arrangements are already made for the organization of occasional or regular telework.
But for associations where nothing is planned, the organization of telework implies a change of the workplace, which cannot be done, of course, without the agreement of the worker.
Given the imposed and occasional nature of this measure, an agreement is not mandatory.
The worker's agreement can be recorded by a simple e-mail exchange containing the date of the start of telework and the terms relating thereto.
Are mentioned for example:
- The equipment made available by the association: (eg: the ASBL .... provides you with a computer or the association ... asks you to use your personal computer and organizes access to the server of such and such a way,…)
- Accessibility during working hours: (eg the ASBL .... has provided you with a working GSM, ...)
- The non-recurring nature of teleworking (in order to avoid possible complaints linked to "use" afterwards).
But what happens when telework is impossible?
Several possibilities are available to the employer:
- Workers can carry out their activities subject to compliance with the hygiene and social distancing measures imposed.
To do this, the employer can offer to organize work alternating to limit the workers present together in the same place, postpone all internal and external meetings / training, favor videoconferences, etc.
Even if these changes are temporary, the worker's agreement, preferably in writing, is essential.
- Assign workers to other missions allowing teleworking, and this only when the new proposed missions / tasks remain activities related to the job description.
A written document attesting to the worker's agreement is recommended.
- If it is not possible to assign workers to other tasks related to the job description, check the possibility of suspending the performance of the employment contract on the basis of temporary unemployment for force majeure ( see our newsletter of March 17, 2020) or for economic reasons (see our newsletter of Thursday March 20, 2020 - intersectoral CCT).
Take care when using this device.
Indeed, certain public authorities condition the maintenance of subsidies to the absence of recourse to temporary unemployment; AES-AISF will send you further information very soon.

2 / APE workers and temporary unemployment

When an APE worker is placed on temporary unemployment for force majeure, he will be compensated by the ONEM, the subsidy for the period of temporary unemployment will not be paid to the employer.
When the worker is unable to work (during the guaranteed wage period), when he works telework or when he is exempt from work but the employer pays him his remuneration, the APE subsidy is paid.
Regarding the APE points, the temporarily unemployed worker continues to occupy them, there is no loss of APE points for this period of unemployment.
This is also the case for incapacity for work, telework or the worker exempt from work but with remuneration.
You will find via the CESSoC link more information as well as a FOREM note: http://www.cessoc.be/content/ape-le-forem-met-la-priorite-sur-le-paiement- grants

3 / Generalization of temporary unemployment due to force majeure due to the Coronavirus

We announced it to you on Friday, an exceptional simplification of the procedures is implemented by the authorities. Unemployment due to force majeure is the only qualification to be attributed to your impacted workers, with retroactive effect from March 13, 2020.
Some precisions …
Temporary unemployment due to force majeure applies to sports centers, federations and clubs which have to close, but also to activities which are temporarily no longer necessary due to the COVID-19 crisis. There is therefore no longer any question of power with recourse to temporary unemployment for force majeure only during a closure but you can also make a request during a partial closure of your establishments / offices.
You can alternate the days worked and days of unemployment due to force majeure, but unemployment must always concern a full day of work (the worker cannot be unemployed in the morning and come to work in the afternoon).
If you have already applied for temporary unemployment for economic reasons, you can, if you wish, switch to temporary unemployment for force majeure (you will find the procedure on the ONEM website).
You will find the updated procedures on the ONEM website: https://www.onem.be/fr/documentation/feuille-info/e1-0

4 / Support for sports activities in the Brussels-Capital Region

In the Brussels-Capital region, alongside other sectors, sports activities (NACE code 93) can benefit from a single premium of € 4,000 per company, the closure of which is made compulsory following decisions adopted by the National Security Council .
The practical details for obtaining this bonus will be communicated later.

In addition, those who have received a grant for the organization of a sporting activity should not reimburse it.
In order to support the Brussels sports sector:
◦ Image Promotion of Brussels for events taking place, in whole or in part, from March 1 to April 30, 2020 inclusive:
▪ For events postponed later in 2020, the subsidy granted remains without modification of the grant decree and without modification of the amount awarded;
▪ For canceled events, the Brussels government authorizes the use of this grant to settle invoices for expenses already incurred for the event and which cannot be canceled.
◦ In Sport:
▪ In the event of outright cancellation and if non-reimbursable costs have been incurred, the grant must not be reimbursed;
▪ In case of postponement to a later date, it will not be necessary to start a new grant application procedure and the analysis of supporting documents will be made more flexible.

serge MATHONET Director