The conflict between Ukraine and Russia is raging. There is a real chance that your labour organisation is feeling the effects of the conflict or the actions taken by the international community in response to it.
We offer you an initial overview of the questions you may face as an employer. We rely on currently known information and legal options.
In principle, the conflict is a force majeure situation, because it is a sudden and unforeseeable event - of a temporary nature - that occurs beyond the control of you and your employee, and which makes the execution of the employment contract temporarily impossible. The execution of the employment contract can then be suspended due to force majeure. In principle, your employees receive temporary unemployment benefits from the NEO.
It remains to be seen whether the government will take initiatives on the application of temporary unemployment in this particular situation.
In Belgium, 1 in 179 foreign workers and 1 in 270 foreign self-employed workers is from Ukraine. They work mainly in the construction industry.
When non-EU nationals come to work in Belgium as migrant workers, they basically have a fixed-term work permit to work in Belgium. Upon expiration, they must then return to their home country. That return is not desirable at the moment - because of the conflict situation. The government is working out a solution for this that should allow the work permit to be extended in this situation.
These workers with work permits may also be eligible for subsidiary protection. That is, employment remains possible subject to respecting a waiting period.
Those fleeing the armed conflict and being received in Belgium can apply for recognition as refugees or subsidiary protected persons in Belgium - depending on the situation. It was announced that Ukrainian refugees would automatically receive subsidiary protection.
Based on that status, there is no need to go through an asylum procedure and - after a waiting period of 4 months - regular employment is possible based on this special situation of residence in Belgium.
Employees who indicate their intention to leave for the conflict area to assist family members on the ground, for example, have several options for managing their absence:
Since 1 January 2014, military service is no longer a reason to suspend the employment contract. In removing this form of interruption of the employment contract, no account was taken of the fact that there may be foreign workers who may be called up for military service. Employees who are called up can ask for their employment contract to be suspended because of this service, but they cannot enforce it. Nor does the former protection from dismissal because of conscription apply to them. An employer may, but must not, accede to the request to suspend the employment contract.
The payment of wages is an essential element of the employment contract, so you will always have to fulfil this obligation. After all, non-payment of wages is a criminal offence.
Currently, payment transactions are still possible, with a possible delay due to additional transaction screening. By the way, you can't just switch to hand to hand payment unless there is a sectoral collective agreement or there is an implicit agreement/usage that would allow it. In that case, too, put this temporary agreement in writing.
Acerta's HR experts are closely monitoring the measures and initiatives, and will keep this page of frequently asked questions up to date.
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