29/03/2021

COVID-19: Mandatory telework declaration

Teleworking is mandatory in Belgium since the end of October 2020, unless the nature of the job or the continuity of the business operations, the activities or services make it impossible. The Belgian government wants to strengthen the enforcement of this mandatory teleworking, now that the corona numbers are again heading in the wrong direction.

To this end, the Belgian government has introduced a mandatory electronic registration system. From 01.04.2021 until 30.06.2021, companies will be obliged to indicate how many people are working at the company’s premises and the number of persons for whom it is not possible to telework. Failure to comply with this obligation may be sanctioned by a criminal or administrative fine.

Warning! Do not forget that you still have to provide your employees who cannot telework, with a certificate confirming the necessity of the employee's presence in the company. If you wish, Pro-Pay can provide you with an example of such a certificate.

 

Which employers?

The obligation applies to all employers, except for companies that are completely closed by law (e.g. restaurants).

 

Which data?

The employer must report the following data to the social security authorities (RSZ/ONSS) every month.

  • The number of persons working in the company.
  • The number of persons in the company for whom teleworking is not possible.

If the company has several business units in Belgium, this information must be given for each business unit separately. A business unit is regarded as a place where or from which a main or secondary activity of the company is performed (e.g. seat of undertaking, department, studio, factory, warehouse, office, shop, etc.). You can check the business units of your company on the website of the Crossroad Bank of Enterprises.

The notion 'persons working in the company' refers not only to the employees of the company, but also to third parties who are structurally present in the company. Think for example of temporary agency workers, independent consultants, seconded staff, security personnel, etc.

Finally, functions for which teleworking is impossible are those functions that, by their nature, cannot be done at home. These are for example blue-collar workers in a production environment, reception staff, sales representatives, courier services etc.

Employees who do have a “teleworkable” job, but who exceptionally need to be present at the workplace for sending or picking up mail, printing documents, an evaluation meeting, etc. must be able to justify their presence. For these exceptional circumstances, we also recommend to provide the employee with a certificate confirming the necessity of the presence at the workplace.

 

When?

The declaration must be submitted at the latest by the sixth calendar day of the month. However, the declaration itself concerns the number of persons on the first working day of the month.

  • for the situation on 01.04.2021 (= first working day of April 2021): declaration at the latest on 06.04.2021;
  • for the situation on 03.05.2021 (= first working day of May 2021): declaration at the latest on 06.05.2021;
  • for the situation on 01.06.2021 (= first working day of June 2021): declaration at the latest on 06.06.2021;

Action!

  • Make sure you submit a Corona telework declaration in due time for the next three months
     
  • You can submit the declaration via the web portal of the social security authorities (RSZ/ONSS): Corona Telework Declaration
     
  • If you are unable to submit the declaration yourself, you can call upon your Payroll Business Partner. In this case, please provide us with the following information:
  1. Number of persons working in the company (including seconded employees, subcontractors, temporary workers, etc.)
     
  2. Number of persons for whom teleworking is not possible. Names of persons are not necessary, the number is sufficient.

 





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