Suspension of notice period during furlough due to force majeure

Initially, in cases involving dismissal, the employee’s notice period was not suspended while on furlough and they did not receive notice or redundancy pay as normal, instead receiving lower temporary unemployment benefits from the government.

The law of 15 June 2020, published in the Belgian Official Gazette of 22 June 2020, rectifies this situation. In the event of a dismissal while on furlough due to COVID-19, the notice period will now be suspended for any periods of ‘coronavirus-related unemployment’. This means the notice period stops for a bit and then resumes as soon as the employee goes back to work. That is to say, the full notice period is retained.

To whom does the new law apply?

The law applies to previously started notice periods from 1 March 2020 and to newly started notice periods, if:

• The employer dismisses the employee and the notice period starts on or after 22 June 2020. In this case, the notice period will be suspended for any periods of furlough due to the coronavirus. So, as long as coronavirus-related unemployment is involved, the notice period will not continue.

• The employer had already begun the dismissal process, with a notice period starting on or after 1 March 2020. In this case, only periods of coronavirus-related unemployment between 1 March 2020 and 22 June 2020 will no longer have a suspensory effect on the notice period. However, from 22 June 2020 the notice period will not continue and the suspension will apply.

Exceptions

For notice periods that started before 1 March 2020, the previous regulation remains in effect. Having served notice before this date is not sufficient, however. The notice must have started before 1 March 2020.
Even if the notice period had already concluded by 22 June 2020, suspension of this period is no longer possible.
Furthermore, this legislation applies only in the event of dismissal by the employer. Employees who resigned do not qualify for suspension; their notice period will proceed as usual during any coronavirus-related unemployment.