Introduction

On 4 June 2021 a new ministerial decree which includes new provisions regarding telework was published in the Belgian State Gazette. For now, telework remains compulsory and employers remain obliged to register their non-teleworkable positions with the National Social Security Office (NSSO) and to provide workers whose presence at the workplace is needed with a certificate confirming this fact. However, from 9 June 2021, employers will have the option to organise weekly 'return moments' to the workplace. If the number of vaccinations and infections allows it, teleworking is expected to be only recommended and no longer compulsory from 1 July 2021.

Teleworking remains compulsory until (at least) 30 June 2021

The ministerial decree of 4 June 2021 states that, at least until 30 June 2021, teleworking remains compulsory for all companies, associations and services unless an employee's role or the continuity of business operations or activities and the provision of services does not allow for telework.

The ministerial decree explicitly clarifies that this rule also applies (and has always applied) to:

  • so-called 'vital companies'; and
  • all 'persons' working for a company, regardless of the nature of the working relationship (ie, not only employees but also, for example, self-employed persons providing services to the company).

In line with this general obligation, employers must still provide their employees who cannot telework with a certificate stating that their presence at the workplace is needed (for further details please see "Employers must provide employees present in workplace with document to certify this fact").

In addition, employers must still submit to the NSSO the monthly declaration setting out the total number of people working for the company and the number of people who hold a position for which teleworking is impossible (unless these total numbers have not changed since the employer's last declaration) (for further details please see "New monthly online COVID-19 telework registration obligation for employers from April 2021").

The ministerial decree now provides that certain companies are exempt from this registration obligation with the NSSO, such as small and medium-sized enterprises which employ less than five people and employers in the construction, cleaning and meat industries.

Returning to workplace once a week will be possible

From 9 June 2021, employers may organise so-called 'returning moments' for employees (and the self-employed) for whom teleworking is still compulsory, to improve their psycho-social wellbeing and team spirit. These returning moments are subject to compliance with the rules on social distancing and the implementation of appropriate prevention measures.

The following conditions should be fulfilled for such returning moments:

  • Employees cannot be forced to participate in these returning moments and the employer cannot impose any (negative) consequences if any employees refuse to participate.
  • Employees should receive prior instructions on the measures that are required for a safe return.
  • Employees should be informed that they cannot return if they are feeling ill, are showing COVID-19 symptoms or are in quarantine.
  • Commuting to and from work via public transport during peak hours and carpooling should be avoided as much as possible.
  • The decision to organise returning moments must be made in accordance with the rules on social dialogue within the company (ie, the social dialogue within the Health & Safety Committee or, in its absence, the trade union delegation or, in its absence, directly with the employees themselves).

These returning moments must be limited to one working day per week per person. Moreover, no more than 20% of the people for whom teleworking is compulsory may be present at the workplace at the same time. However, for small and medium-sized enterprises employing fewer than 10 people, no more than five people for whom teleworking is compulsory may be present at the workplace at the same time.

The end is near

It is expected that from 1 July 2021, teleworking will be only recommended and no longer compulsory.

However, the final decision still has to be made and will depend on the number of vaccinations and infections at the end of June 2021.