Be aware: Belgian government enhances control of teleworking obligation

The Belgian government is enhancing the monitoring of compulsory teleworking by introducing an online registration obligation for employers.

In short, starting from April 2021, every employer must provide the below data through the online portal of the National Social Security Office (NSSO):

• The total numbers of persons (i.e. employees, interim agency workers service employees and independent contractors) working for the company on the first day on the concerned month;
• The number of persons who, on the first day of the concerned month, carry out a function that cannot be performed remotely. People who are exceptionally present because they have to, for instance, collect materials, print out certain documents or hold an evaluation or dismissal interview can justify this and are not included in the number of non-teleworkable positions. The same applies to board members and persons belonging to line management (e.g. foremen, team leaders,...).

The declaration must be submitted on a monthly basis, at the latest by the sixth calendar day of the month. This means that the first declaration must be submitted no later than 6 April 2021.

This newly introduced online registration obligation does not release the employer from the obligation to provide employees who cannot perform telework with a certificate for this purpose.

The social inspection services will make use of the data registered through the online registration tool to monitor compliance with the teleworking obligation. Non-compliance can give rise to an administrative fine (from EUR 200 to EUR 2,000) or a criminal fine (from EUR 400 to EUR 4,000), to be multiplied with the number of employees concerned.

Ambos’ employment department will be happy to assist you with any questions you might have with regard to this new registration obligation.