Can’t work because of the flooding? Here are the rules in force

Even though the water level has dropped, the consequences of flooding last week are dramatic. There is the question of work, which is disrupted for the company or the employee. Depending on the reason preventing the worker from performing his work, the rules differ as to how to declare and pay for days of absence. What are the rules in this area? An expert working at Partena Professional, a large social secretariat in Belgium, clarifies things in a press release.

When the worker cannot perform his work because the workplace is damaged, what remuneration is he entitled to?

A number of workers cannot perform their work because, for example, their workplace is flooded or damaged, the site is impassable, etc.

According to the instructions of the ONEM, a worker who cannot carry out his work due to bad weather may be temporarily unemployed. This will be temporary “bad weather” unemployment for workers and temporary unemployment due to force majeure for employees. However, the following conditions must be met:

  • The execution of the work is totally impossible. This condition is not fulfilled, for example, if the worker can telework;
  • No replacement work is possible (for example, storage or cleaning work);
  • The worker has not yet taken any leave or recuperation for that day (s);
  • The worker is not entitled to the guaranteed daily wage on the basis of article 27 of the law of 3 July 1978 on employment contracts (he cannot therefore, for example, have already started his daily tasks nor be already arrived at work).

And what about the worker who cannot reach his place of work?

The worker (worker or employee) who cannot reach his place of work (for example, because rail traffic is stopped or the streets are impassable) can benefit from temporary unemployment benefits for force majeure, provided , according to the instructions of the ONEM, that the following conditions are met:

  • The execution of the work is totally impossible. This condition is not fulfilled, for example, if the worker can telework;
  • The worker has not yet taken any leave or recuperation for that day (s);
  • The worker is not entitled to the guaranteed daily wage on the basis of article 27 of the law of 3 July 1978 relating to employment contracts (he cannot therefore already be on his way to his place of work. );
  • The worker cannot reach his place of work in any other way (for example, own means of transport, alternative means of transport, etc.).

What if the worker cannot do his job because his home is damaged?

As for the worker who cannot perform his work because he has to take care of his home damaged by bad weather, he can claim days off for compelling reasons. These days, a maximum of 10 per year, are not remunerated by the employer, unless otherwise agreed by agreement. He may also, in agreement with his employer, take days off or recuperation.

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