COVID-19 – Belgium to end all Covid measures

Update 3 May 2022

As from 11 May 2022, all covid recommendations and/or restrictions will in principle, be lifted in Belgium.

Update 8 March 2022

During its meeting of 4 March 2022, the Concertation Committee announced a further loosening of the Covid-19 measures. Below, we elaborate on the most important of these.

Homeworking – As previously announced, homeworking is no longer mandatory. Nevertheless, the Concertation Committee invites companies and public services, in consultation with the social partners, to embed a structural regime for telework (i.e. implementation of CBA n°85). Employers must continue to impose health and safety measures (e.g. personal hygiene, social distancing, ventilation, face mask recommended, etc.). Please see below ‘New generic guide’.

Covid Barometer –The Corona Barometer contains a list of measures covering sectors most impacted by restrictions designed to stop the spread of coronavirus. The barometer is made up of three packages of measures that are colour-coded according to their severity.

• Red: more than 500 corona patients are in intensive care, or there are more than 150 hospital admissions per day.
• Orange: There are between 65 and 150 hospital admissions per day, and between 300 and 500 intensive care beds are occupied. As soon as one of the two upper standards is exceeded, we go to phase red.
• Yellow: Phase yellow is the lowest phase of the barometer: then the situation is under control. The intensive care unit occupancy rate is less than 300 beds, and there are less than 65 hospital admissions per day.

From Monday, 7 March 2022, we are in phase yellow.

Below, you can find an overview of the measures that apply in this phase.

Yellow

General

The use of facemasks is no longer compulsory. These are only required on public transport and in hospitals and residential care centres. They will no longer be compulsory in, for example, the cinema or theatre or schools.

An FFP2 mask is still recommended for medically vulnerable people, both indoors and outdoors.

Events

• Indoors - Practically no measures. No use of a Covid Safe Ticket (CST). Only use of CO2 meter is mandatory.
• Outdoors - Practically no measures. For closed tents or covered terraces, the indoor air standards apply.

Hospitality industry: Bars, restaurants

• Indoors - Virtually no measures: no closing time, no CST, no facemasks (including for staff in the hospitality sector). Use of CO2 meter obligatory.
• Outdoors - Also, virtually no measures. For closed tents or covered terraces, the indoor air standards apply.

Leisure

• Indoors - Practically no measures apply. Extra attention should be paid to good ventilation.
• Outdoors - No measures apply.

Covid-19 Health and Safety at Work: New Generic Guide: On 7 March 2022, the new generic guide (Dutch/French) 'Working safely during an epidemic or pandemic' replaced the current generic guide to prevent the spreading of COVID-19 at work.

This new guide does not only to address the current COVID-19 situation, but also tackles possible future pandemics and epidemics.

The guide consists of three phases that can apply at company level, sector level and government level. For each phase, companies can find the preventive measures that need to be taken in the generic guide.

1. Phase 1 - The vigilance phase: The first phase comprises the "basic level of protection", whereby preventive measures must be taken to control an epidemic or pandemic and/or to prevent an outbreak. This phase starts automatically when an epidemic or pandemic is declared by the competent authority and ends 2 months after the end of this epidemic emergency.

   It is the employer who determines the concrete measures to be taken in accordance with the needs and requirements of the company, together with the competent services for prevention and protection at work and after consultation, as appropriate, the works council (e.g. on work organisation and teleworking), the committee for prevention and protection at work, the trade union delegation or the employees themselves (through direct participation).

2. Phase 2 - The intervention phase: In the second phase, the company will have to take additional preventive measures to control a (threatening) outbreak and/or limit the spread of the virus. In this phase, there are several infected persons (clusters) and outbreaks may occur.

   At company level, this phase 2 is activated by the employer after advice from the occupational doctor. This phase 2 can also be activated in certain or all undertakings or for certain activities on the basis of a decision by the competent authority.

3. Phase 3 - The critical phase: In the third phase, very strict preventive measures must be taken to slow down virus transmission and/or to avoid a lockdown or closure of the company.

   At company level, this phase 3 is activated by the employer, after advice from the occupational doctor. In addition, this phase 3 can be activated for all companies of a sector by means of a protocol agreed in the competent joint committee(s). This phase 3 can also be activated in certain or all companies or for certain activities by a decision of the competent authority.

This guide provides a framework of measures that can be tailored by sectors and by each employer to ensure that activities can be restarted in the safest and healthiest possible conditions. Different measures (e.g. teleworking, social distancing, personal hygiene, face masks, plexiglass screens, ventilation, and so on). are provided in the guide per Phase.

As from 7 March 2022, the vigilance phase (Phase 1) applied. As a general rule, this means that the preventive measures, which are similar to the ones that already applied, must still be imposed, i.e. employees should be properly informed on the health and safety measures, sufficient hygiene measures should be taken, sufficient ventilation must be provided, social distancing is still applicable and face masks are still recommended if the social distancing cannot be guaranteed in the work place.

Update 25 January 2022

From 28 January 2022, the so-called “Corona Barometer” will apply.

The Corona Barometer contains a list of measures covering sectors (events, hospitality and leisure) that have been impacted by restrictions designed to curb the spread of coronavirus. The barometer is made up of three packages of measures that are colour-coded according to their severity.

• Red: more than 500 corona patients are in intensive care, or there are more than 150 hospital admissions per day.
• Orange: There are between 65 and 150 hospital admissions per day, and between 300 and 500 intensive care beds are occupied. As soon as one of the two upper standards is exceeded, we go to phase red.
• Yellow: Phase yellow is the lowest phase of the barometer: then the situation is under control. The intensive care unit occupancy rate is less than 300 beds, and there are less than 65 hospital admissions per day. As soon as one of the two thresholds is exceeded, we enter phase orange.

Today, we are in phase red. The Corona Barometer aims at providing a transparent framework but is not absolute, meaning that more restrictive measures can always be applied if the government deem necessary.

Employment relevant measures

During the Consultative Committee, it was confirmed that the current rules in relation to employment and mandatory homeworking (ie minimum 4 days per week homeworking, certificate in case an exception can be invoked, registration with the social security) remain in force. No (tentative) end date was announced for these measures.

Please do contact our Belgian team for further details on the barometer or other employment issues.

Update 10 January 2022

As from 10 January 2022, a new testing and quarantine strategy for high-risk contacts is in place. These new rules may create additional challenges for employers.

1. New testing and quarantine rules

The new rules apply to individuals who have encountered high-risk contacts but are not showing symptoms. These new rules distinguish between persons who:

1. Have received their last COVID jab maximum 5 months ago (regardless whether it concerns the second jab or the booster jab)

   • they do not need to respect a quarantine period.
   • a PCR test is no longer required.

2. Have received their last COVID jab more than 5 months ago

   • they need to respect 7 days in quarantine.
   • from day 4, they can leave quarantine if they take a daily self-test for four consecutive days and insofar the self-tests appear negative.
   • a PCR test is also no longer required.

3. Have not received any vaccination jab

   • they need to respect 10 days in quarantine.
   • from day 7, they can leave quarantine if they take a daily self-test for four consecutive days and insofar the self-tests appear negative.
   • a PCR test is also no longer required.

2. Challenges for employers

Given the increasing spread of the highly contagious omicron variant of COVID-19, it is expected that many employees will face some mandatory quarantine periods. For proper organisational planning, it is pivotal that employers are aware of the legal possibilities and challenges when facing COVID-19 related absences. In general, employers are not allowed to:

• ask about the vaccination status of the employees, process this information and attach any consequences to whether someone is vaccinated or not;
• oblige employees to take a self-test;
• inquire about the results of a self-test.

Despite these limitations, it is possible for employers to ask all necessary information in relation to the organisation of the work, such as asking employees whether they should respect a quarantine period and request proof of the fact that a quarantine period should be respected. This will mainly be relevant for employees whose presence at the work floor is necessary (ie employees who cannot perform their function from home).

It is recommended to properly inform employees which clearly set-out their obligations. However, these obligations should be drawn up cautiously to ensure that they do not breach any GDPR or other protective rights.

If you would have any questions about how to deal with these challenges in your workplace, please do not hesitate to reach out to our colleagues in Belgium.

Update 23 December 2021

As announced, stricter measures in Belgium (The current teleworking rules remain unchanged: working from home remains mandatory four days per week).

1. From Sunday 26 December, all indoor activities (apart from those within a household) will be prohibited, even if the audience is seated: cinemas, theatres and concert halls have to close.

2. Libraries, museums and sports activities will still be allowed. Regular swimming pools can also remain open, but subtropical ones (such as waterparks) must close.

3. All outdoor events held in a tent – including Christmas markets and winter villages, cultural and other performances and congresses – will no longer be allowed. Additionally, for events with over 100 visitors, a one-way traffic plan with separate entrances and exits is required.

4. Shopping will only be allowed in pairs, with an exception for minors. Shops can only allow one customer per 10 square metres at a time.

5. Professional and amateur sports games – such as football matches and cyclo-cross – will no longer be open to the public, either indoors or outdoors.

Update 30 November 2021

As the number of the infections and hospitalisations keep rising in Belgium, in an attempt to avoid a total lockdown, the Belgian concertation committee has taken some additional measures:

• Teleworking: The period which allows for one return day to the office has been extended from 12 December 2021 to 19 December 2021. The period during which a maximum of two return days are allowed will now start on 20 December 2021.
• Additional vaccinations: A booster jab will be provided, first for vulnerable and specific target groups, such as 65+, caregivers, immunodeficient individuals and people who received Johnson & Johnson’s vaccine, and afterwards the rest of the population. The aim is for citizens to receive this booster jab four months after their last dose (Johnson & Johnson and AstraZeneca) or six months after their last dose (Pfizer and Moderna).
• Private gatherings: Private gatherings indoors are prohibited, except for weddings and funerals (funeral reception). The terms and conditions for the catering industry apply. Dancing with a face mask is, however, allowed. (This prohibition does not apply to gatherings at home although self-testing is highly recommended when receiving guests at home.)
• Catering industry: The maximum number of people per table is limited to six. However, an entire household can share a table, regardless of the number of persons in that household. Only table seating is allowed. Opening hours are limited from 5am to 11pm.
• Night clubs and dance halls: Night clubs and dance halls must close.
• Public events: Indoor public events are possible but must be seated, according to the rules of the CST including face masks. However, indoor sports events, both amateur and professional, can only take place without an audience. As an exception, participants up to the age of 18 may be accompanied by their parents. For outdoor public events, organisers should ensure compliance with the social distancing rules and the 1.5 metre rule between groups. The rules for the catering industry equally apply. The measures for events organised by professionals enter into force on 29 November 2021.
• Enforcement: The police and inspection services have been asked to take strict action against any violations of the measures.

Update 22 November 2021

As mentioned below, the Concertation Committee in Belgium has decided to re-introduce some stringent measures to manage the rise of COVID-19 related infections and hospitalisations. The applicable measures have been set out in the Royal Decree on Friday 19 November 2021. Below is an overview of the most important measures in relation to employment law:

Mandatory working from home: from 22 November 2021 working from home is mandatory for all companies, associations and services. In particular, employees will be obliged to work from home at least four days per week. From 13 December 2021, employees will be obliged to work from home at least three days per week. All persons regardless of the nature of their employment relationship with the company will have to work from home, unless this is impossible due to the nature of the position or the continuity of the business, activities or services. This exception to the mandatory homeworking principle applies in the same way as the last time that this was mandatory in Belgium.

Working from home shall be carried out in accordance with the existing collective agreements. In this regard CBA no. 149 concerning recommended or mandatory working from home because of the coronavirus crisis applies to all companies that do not already (since 1 January 2021) have homeworking arrangements in place under pre-existing rules (CBA no. 85, or the Law of 05 March 2017 concerning workable and agile work). Note that the CBA no. 149 will expire on 31 December 2021 but will most likely be extended for another definite term.

Certificate obligation: in addition to the above, the employer must provide a certificate (or any other form of evidence confirming the need of their presence at the workplace) to those who are unable to work from home irrespective of the nature of their employment relationship. This can be a similar certificate used the last time that working from home was mandatory.

Return to the office: notwithstanding mandatory working from home, the employer may introduce arrangements when employees can return to the workplace. However, it is important to note that returning to the workplace must:

• be based on the free will of the employee;
• be aimed at promoting the psychosocial wellbeing and team spirit of the employees;
• provide employees with the necessary instructions and information in order to make the return to the office in accordance with the applicable safety measures;
• not exceed one day per week per person, (until and including 12 December 2021) with a maximum of 20% presence from those who have been working from home; and
• not exceed two days per week per person, (from 13 December 2021) with a maximum of 40% presence from those who have been working from home.

If a company has less than ten employees, a maximum of five people for whom working from home is mandatory may come in to work at the same time.

Declaration obligation: from 24 November 2021 all employers will have to register:

(i) the total number of persons working in the workplace, and
(ii) the number of persons performing a function that cannot be fulfilled via working from home via the electronic registration system made available by the National Social Security Office on the social security portal. This is a similar obligation to the one that applied during April, May and June of 2021.

Note that some employers are excluded from this declaration obligation, such as companies with less than five people, employers in the health care sector, educational institutions, etc.
The following deadlines apply:

• for the period from 22 November 2021 until 31 December 2021 the registration must be submitted by 30 November 2021, at the latest; and
• the following declarations (ie as from 1 January 2022) shall have to be submitted by the sixth calendar day of the month (ie 6 January 2022).

Safety measures in the work place: the applicable safety measures provided by the government in the generic guide must still be complied with at all times when working in the office

Update 19 November 2021

Following the drastic increase of Covid-19 infections and citizens hospitalised in intensive care in Belgium, the Concertation Committee (representing the different competent governments in Belgium) has decided to impose some stringent measures in the hope of avoiding a new lockdown. Below is a high-level overview of the most important measures in relation to employment law. These will take effect on Saturday 20 November 2021 and are expected to apply until 28 January 2022.

Working from home

Mandatory working from home has been reintroduced. As from 22 November 2021, employees will be obliged to work from home for at least four days per week. As from 12 December 2021, employees will be obliged to work from home at least three days per week.

However, an exception will be made for companies where homeworking is not possible. It will have to be confirmed whether this exception will be applied in the same way as when it was previously mandatory. Employers will also have to maintain a register setting out the (number of) employees who will be working from home.

Facemasks

A general obligation to wear a facemask will be introduced in public indoor areas for everyone from the age of ten (ie public transport, medical and non-medical occupations involving contact, healthcare institutions, catering industry, events (both indoor and outdoor), shops and shopping centres, publicly accessible areas of companies, government, publicly accessible areas of cultural, festive, sporting and event sectors, public buildings, libraries, fitness centres and buildings for religious services.)

Use of Face masks and the Covid Safe Ticket (CST)

In some areas, face masks will become compulsory in combination with a corona pass. Specifically, this concerns the following locations: catering industry (when you are not sitting down), theatres, concert halls, cultural centres, cinemas, museums, indoor amusement parks, public and private events for 50 people indoors and 100 people outdoors.

Vaccination

There will be a new wave of vaccinations with a booster shot for the whole population.

Update 29 October 2021

The following measures have been introduced to combat rising coronavirus cases:

A return to masks indoors: From Friday 29 October, masks are now required in shops, shopping centres, healthcare institutions, concert halls, sports centres, libraries and places of worship. However, masks are not needed in places where the Covid Safe Ticket (CST) is used. Catering staff are required to wear a mask again.

Teleworking where possible: strongly recommended returning to teleworking, where possible. Please do let us know if you would like to discuss this with our Belgian team.

CST changes in Flanders & for events: The CST will need to be shown throughout the country for visiting the catering industry and fitness centres from 1 November 2021. This change will bring Flanders in line with the rest of the country, as Brussels already uses the pass in hospitality establishments and Wallonia had planned to do so from 1 November.

Update 20 October 2021

Due to low vaccination rate in the Brussels-Capital Region, the Minister-President Rudi Vervoort has decided to maintain the social distancing and face mask rules in publicly accessible areas of the workplace. These measures were confirmed in a police decree, published in the Belgian State Gazette. The measures apply until 30 November 2021.

Update 11 October 2021

The Belgian government has announced a raft of measures for employees and employers to note. These are:

Corona premium

The government has introduced a "corona premium" (granted by means of a voucher) that gives companies that have achieved good results (despite the coronavirus crisis) the opportunity to grant employees a one-off increase in 2021. Please note that there is no legal interpretation of the term 'good results'. The government leaves this interpretation up to the social consultation. The corona premium must meet certain conditions to be exempt from social security contributions and must not exceed €500 net per employee with an employer contribution of 16.5% due. This benefit will expire on 31 December 2021.

Corona temporary unemployment

The Federal Government decided on 24 September 2021 to extend the simplified procedure for temporary unemployment due to the Corona virus until 31 December 2021.

All temporary unemployment due to the Corona virus can be considered as temporary unemployment due to force majeure until 31 December 2021. This rule implies:

• a complete suspension of the execution of the employment contract (eg due to an imposed closure);

• a partial suspension of the execution of the employment contract. In that case, the employee can still work a few days per week.

The strict definition of the concept of "force majeure" is therefore deviated from.

Strict formalities must be complied with in order to apply for the simplified procedure for temporary unemployment.

COVID 19 and working from home

In Belgium, working from home is no longer compulsory and employees are returning to the workplace. In addition, there is a growing tendency among employers to implement structural teleworking within the company. However, in the Brussels capital region and in Liège, working from home stays recommended (but strictly speaking not mandatory). 

COVID 19 and face mask at work

Employees who work in Flanders will not have to wear a face mask at work as of October. However, those employees who work in Brussels or Wallonia still have to wear a face mask at work.

Vaccinating rate within the company

Employers are encouraged to set up a campaign to encourage employees to get vaccinated (in line with the motivational campaigns which are initiated by the different governments in Belgium).

Companies that fulfil certain conditions may verify the vaccination rate within the company in order to convince employees who are employed within a company with low vaccination coverage to get vaccinated.

In this regard, the Belgian government has implemented a system wherein it processes the data of employees to verify the vaccination ratio in companies. This vaccination ratio is then communicated in an aggregated and anonymous way to the company doctors. A company that (i) employs at least 50 employees and (ii) the number of persons vaccinated is between 20% and 90% may notify the occupational doctor and internal or external prevention services to request the exact vaccination coverage rate. For companies where the number of vaccinated persons is below or above these thresholds, only this information is provided to the company, not the exact vaccination coverage.

Covid Safe Ticket (CST) within the company

A new cooperation agreement which provides for the temporal and material extension of the Covid Safe Ticket (CST) in Belgium was published on 1 October 2021 in the Belgian Official Gazette.

It is explicitly stated in the cooperation agreement that it is not the intention to apply the CST in the workplace. Therefore, the use of a CST does not apply to the personnel employed in the sectors for which CST can be used but only to the visitors.

This difference in treatment is justifiable since (i) the workers, employees, staff members, organisers or owners of the facility in question can easily be checked for compliance with the applicable sanitary rules while this is not the case for visitors. Moreover, (ii) the circumstances of employees, workers, staff members, organisers or owners of the relevant facilities and activities (ie carrying out work and providing services on a regular basis) and those of visitors (ie irregular and on a voluntary basis) to those facilities and activities are so different that different treatment is lawful.

In addition, it is argued that if the mandatory use of the CST were to be allowed, this would imply an implicit obligation to vaccinate these persons. Moreover, this would also imply a multiple processing of personal data that no longer seems to comply with the principle of data minimisation.

Update 2 August 2021

• Outdoor events can be organised with up to 5,000 people attending, wearing masks, or up to 3,000 people indoors. This includes trade shows and conferences, which have been largely absent from the agenda since last spring.

• The Belgian federal parliament has approved the "pandemic law" which sets a legal framework to give police extra powers during times of emergency. The law gives the government the power to declare a state of health emergency for up to three months at a time. This can be extended by royal decree, but its extension must be put to a vote in parliament within 15 days of taking effect, or it becomes null and void. The law gives provincial governors and local mayors powers to close certain businesses and limit or prohibit gatherings in public.

• Travellers returning to Belgium from "high-risk" parts of the EU or Schengen area who are not fully vaccinated will be required to take a PCR coronavirus test on the day of arrival, and another seven days later. If the result is positive, they should quarantine for 10 days. The day-one test is not necessary if the person took a PCR test in the 72 hours preceding their arrival on Belgian soil.

• From 13 August, a 'Covid Safe Ticket' will allow access to major events in Belgium bringing together more than 1,500 people outdoors. The certificate will prove that someone has been fully vaccinated (at least two weeks after their final dose), or that they have coronavirus antibodies from a recent infection, or that they have received a negative PCR test result within the past 48 hours. Participants at major events with the Covid Safe Ticket will not be required to wear a mask or keep safe distancing. Organisers must still ensure adequate ventilation and crowd control. From 01 September, the scheme will be extended to indoor events.

• Prosecutors in Belgium have agreed to begin more systematic checks of passengers' travel documents at Brussels Airport, with on-the-spot fines of €250 for failing to produce the necessary Covid certificates or passenger locator form.

Update 20 July 2021

In an attempt to stop the further spread of the COVID-19 virus in Belgium, the following measures were announced:

• Travelling: The current rules remain in force, but in addition there will be a stricter procedure for people returning from EU or Schengen countries where dangerous virus variants are circulating, regardless of the color code of that country. Those travelers will have to take a PCR test on day one and day seven of their return. A quarantine is also involved, unless the person in question took a PCR test 72 hours before arriving on Belgian territory. Travelers who test positive must spend 10 days in isolation. Checks on the Passenger Locator Form (PLF) and the corona certificate are being stepped up, especially in airports and international railway stations.

• Working from home remains advisable. Now that homeworking is no longer compulsory in Belgium and most employees are returning to the workplace, the Supreme Council for Prevention and Protection at Work has published an updated version of its generic guide on 14 July (note that the English translation of the generic guide is not available yet). As a result of the implementation of relaxed corona measures, a number of measures of the generic guide were deleted or adapted. In addition, a section was added on company events and team buildings. Organising such activities is permitted, provided the general principles for preventing the spread of the virus are respected. The social partners call on employers to organise such activities preferably outside and to limit the frequency.

• Events: Belgium has introduced the so-called "COVID safe ticket" as from 13 August for outdoor events with more than 1,500 people. This is not compulsory, as organisers can also opt for the normal protocol with mouth masks and maintaining a 1.5 meter distance between spectators. In order to receive a corona-safe ticket you have to:

  • be fully vaccinated
  • have a negative PCR test
  • have antibodies after infection  

Update 27 June 2021

From 27 June 2021, the limits on outdoor gatherings (including demonstrations) are lifted entirely.

Indoors, it is possible to invite up to eight people to your home (instead of four). Cafes and restaurants can have up to eight people at one table and can stay open until 1.00 (currently 23.30). The same 1.00 closing time applies to night shops. Cultural events are limited to 2,000 people indoors and 2,500 outdoors. Weddings, funerals and other religious ceremonies are possible with up to 200 attendees indoors and 400 outdoors. Shopping in a group will be allowed again.

Also, from 27 June working from home moves from being compulsory to recommended. You can read more about the Government’s return to work roadmap here.

Update 9 June 2021

A new Ministerial Decree on Covid-19 measures applied from Wednesday 9 June 2021.

1. Working from home remains mandatory until the end of June except if this is impossible because of the nature of the function or the continuity of executing the business, the activities or the services. The Ministerial Decree now specifies more explicitly than before that this obligation applies not only to own employees but also to all people irrespective of the nature of the employment relationship. Following debate in recent weeks about the scope of the obligation following flash controls by the social inspectorate, the Ministerial Decree clarifies that the obligation also applies to commercial businesses, private and public companies and services that are necessary for the protection of the vital interests of the Nation and the needs of the population. From July until (at least) the end of August, homeworking is no longer expected to be mandatory but strongly recommended. The final decision in this respect still has to be made by the Consultative Committee depending on the number of vaccinations and infections.

2. Certificate to persons unable to work from home: For employees unable to work from home the employer must still provide a certificate or some other piece of evidence confirming the necessity for their presence at the workplace. The Ministerial Decree now specifies more explicitly than before that this obligation applies not only to own employees but also to all people irrespective of the nature of the employment relationship.

3. Monthly declaration via registration tool: As long as working from home remains mandatory, the obligation for employers with regard to the monthly declaration via the online registration tool on the website of the NSSO continues to apply in full. The Social Security Portal (not available in English) provides instructions on how to register and what, for instance, is meant by a non-teleworking function. From now on, some companies are exempted from the obligation to register (eg, a company with fewer than five persons irrespective of the nature of their employment relationship; employers in the construction industry; the cleaning and meat industry as regards the employees who are already subject to the mandatory registration of attendance; employers in the health care sector, etc).For the month of June, the registration had to be completed by 6 June at the latest. However, you did not have to make a new declaration if the total number of persons working at the establishment unit and the number of persons with a non-teleworking function there has not changed since your last declaration.

4. (One day a) week return to the workplace: From Wednesday 9 June, employers are able to schedule a weekly return to the office of a maximum one working day per week per person. A maximum of 20% of the people for whom homeworking is mandatory may be present in the establishment unit at the same time. For companies employing fewer than 10 people, a maximum of five of those for whom working from home is mandatory may be present in the establishment unit at the same time. In practical terms, it is best to keep a register to monitor the number of people present at the same time. The return to office system is based on mutual voluntariness. This means that the return cannot be enforced unilaterally by either the employee or the employer. According to the Ministerial Decree a mutual agreement is required between the company and the worker concerned. The purpose of the return times must be to promote psychosocial wellbeing and the team spirit of these persons.

   These persons must receive prior instructions on all measures necessary for a safe return. Anyone present in the workplace must respect all the preventive measures that apply (such as the rules of social distancing, face masks when moving, etc). The Generic Guide remains the standard for developing prevention measures at the workplace. Travel to and from the workplace during the peak hours of public transport or via carpooling should be avoided as much as possible.

   The decision to organise weekly return times must be made in compliance with the rules of the social dialogue. Employers may not make any distinction between vaccinated and non-vaccinated employees.

Update 15 April 2021

The following new measures to lift restrictions in Belgium have been announced:

As from 19 April:

• The travel ban will be lifted but travelling remains unadvisable. Travellers returning from red zone countries will be required to take a COVID-test on days one and seven and respect seven days of quarantine restrictions.
• Schools will reopen. Part-time remote teaching will continue for all students in the last four years of secondary school. In higher education, up to one day a week of face-to-face teaching is permitted with physical presence required for the exams.

As from 26 April:

• People can meet outside in groups of 10 instead of four.
• Non-medical contact professionals, eg tattoo artists, barbers and hairdressers reopen.
• Test events will be organized in the cultural, sports and event sector.

As from 8 May (conditional upon 70% of those over 65 having been vaccinated and an improvement of the situation in the hospitals:

• Outside bars and outside restaurants will be allowed to reopen.
• Personal home visits permitted from two close contacts from the same household.
• The curfew will be replaced by a ban on gatherings of more than 3 people from midnight to 5am.
• Up to 50 people may attend cultural events and religious ceremonies in the open air.
• For those aged 18 and under, organised outdoor activities allowed with up to 25 participants and indoor events with maximum 10 participants are allowed for children younger than 13.

As from June (conditional upon almost all persons over 65 and vulnerable people being vaccinated and the situation in hospitals is normalised):

• More cultural events outdoors will be possible; fairs will be permitted;
• Bars and restaurants may reopen indoors;
• More social contacts at home will be allowed and the first cultural and religious events will be permitted indoors; 
• Indoor gyms and fitness centres will re-open and rules will be announced for summer camps.

Update 29 March 2021

In order to stop the further spread of coronavirus the following measures were taken last week:

• Working from home remains compulsory. There will be higher penalties for companies that make not enough effort to keep their employees at home; even the closure of companies will be possible. If working from home is not possible, the employer must keep an attendance register. Further information on the reporting requirements for employers is available here.
• All school classes will be suspended as of today, 29 March 2021. There is still some uncertainty, but it seems that there will be no distance learning either. For students in primary and secondary schools, this will mean a three-week Easter break.
• The non-essential shops will not close but switch to "shopping by appointment". Collecting purchases from the shop is preferably done alone or, at most, with one other person. This person must live under the same roof. Essential shops are still allowed to receive customers (eg food shops, pharmacies, but also shops for hygiene products, clothing fabrics, flowers and plants, telecom shops and newspaper and book shops).
• The number of social contacts allowed outside is lowered from 10 to four.
• Non-medical contact professions are no longer allowed to receive clients from Saturday 27 March. These include hairdressers, beauty salons, massage parlours and tattoo and piercing shops.

The new measures came into force on Saturday 27 March (Monday 29 March for schools) and will be in force for four weeks. For schools however, the end date will be 18 April (end of the Easter holidays).

Update 2 February 2021

A new Collective Bargaining Agreement (CBA) on working from home during the covid pandemic has been finalised.

The purpose of this CBA is to agree upon the working from home principles and provide a reference framework in companies, which had not concluded any agreement in respect of working from home before 1 January 2021. As such agreements prior that date remain valid. The CBA provides that those working from home:

• organise their work within the framework of the normal working hours applicable in the company;
• shall be informed about the means the employer uses to control the work performed; 
• will be reimbursed for the costs to use their own IT equipment (ie computer, software), as well as for additional connection charges; and
• must be informed about the company's strategy in respect of well-being during the home working period and receive the relevant contact details of those able to prevent risks (ie doctor, management, etc).

Update 15 January 2021

Covid measures on compulsory home working (and also all the other measures) have been officially extended in Belgium until at least 1 March 2021.

Update 8 January 2021

During the month of January, at least 500 inspectors attached to the Ministry of Employment will be checking for compliance: is the employee’s presence in the office strictly required; if not, why is he/she there anyway; and if so, does he/she have the necessary certificate? The inspectors have the right to visit unannounced, demand access to premises, search attendance records and talk to employees present.

In January, the inspectors will focus mainly on the services sector. In February, they will expand their remit to other industries as well.

If the inspectors find employers to be in breach of the working from home rules, they may impose a criminal fine of 800 to 8.000 EUR or (much more likely) an administrative fine of 400 to 4.000 EUR. Depending on any mitigating circumstances (eg the uncertified employee is there on the day for an unexpected emergency or some compassionate reason or as a one-off to collect papers or equipment necessary for continued working from home, etc.) the employer may also get away with a stern warning and perhaps a follow-up visit.

Update 21 December 2020

New legislation on COVID 19 measures has been published:

• especially for foreign employees and subcontractors, measures change and prior negative test results (of max 48h prior to entering Belgium) are required;
• linked to this, an employer attestation as of 420 January 2021 is also required; and
• business travel under 48h for Belgian
  employees still is exempted from these new obligations.

Update 10 November 2020

Temporary unemployment

On 6 November 2020, the federal government decided to reintroduce the 'simplified temporary unemployment procedure' for all employers and employees (blue and white collar workers) from 1 October 2020 till 31 March 2021. Consequently, from 1 October 2020 onwards, all temporary unemployment for reasons due to the corona virus can again be considered as due to 'force majeure corona'.

The temporary unemployment 'force majeure' is applicable is respect of (i) complete suspension of the execution of the employment contract or (ii) a partial suspension of the performance of the employment contract. In that case, the employee can still work a few days a week.

Furthermore, employers that switched to temporary unemployment for economic reasons as from 1 September 2020 may, from 1 October 2020, invoke temporary unemployment force majeure again using the simplified procedure. The system also extends to:

• workers who are not ill, but who have to stay at home due to quarantine;
• workers who are unable to work because of lack of child care facilities, the school or the institution taking care for the disabled, being closed as a measure to limit the spread of the coronavirus; the facility has to provide the employer with a certificate that the institution is closed; and
• workers who cannot work because their child is in quarantine.

Update 2 November 2020

The following new coronavirus measures are in place from 02 November and apply provisionally until 13 December 2020:

Industries and B2B services

• Working from home is mandatory wherever possible. Where homeworking is not possible, face masks and ventilation are compulsory. Company canteens are closed.
• Holiday parks and campsites will be closed in their entirety as from Tuesday morning 3 November.
• Hotels and B&Bs remain open, but restaurants and bars are closed. Meals are served in rooms.
• Non-essential shops are closed, but they can arrange pick-up and home delivery of goods and products ordered in advance. Supermarkets and markets (< 200 people) limit their offer to what can be offered in the essential shops to guarantee fair competition.
• Garages and bicycle shops can only carry out repairs.
• Non-medical contact professions (including hairdressers, make-up artists, wellness, massage, beauty salons) are closed.
• Companies and farms remain open, in accordance with telework, face mask and social distancing obligations.
• Animal parks are closed.

Daily life

• Each member of the family is entitled to one close contact. Families may only invite one close contact at a time at home. It is not possible to receive another visit at home. There is an exception for people who live alone: they may invite one additional person to be their close contact, but not at the same time.
• Gatherings outside are limited to a maximum of four persons (except for family members living under the same roof and children under 12 years) and at a safe distance.
• Funerals are limited to a maximum of 15 persons. Without meal or reception afterwards.
• Borders are not closed in accordance with European agreements, but foreign travel is strongly discouraged.
• Marriages may only take place in the presence of the spouses, witnesses and officials of the civil registry.

Schools

• Classes for all levels of education will be suspended until Friday 13 November. Classes will resume on Monday 16 November.
• For secondary education, students in the second and third grades will switch to a maximum of 50% contact education until 1 December. Subsequently, an assessment will be made as to whether 100% contact education is possible again.
• For university education, distance learning is provided:
  • For first-year students: from 1 December they can follow contact education again.
  • For older students, distance learning will be applicable at least until the end of the calendar year.
• Teachers meet online; this also applies to pedagogical study days.
• No physical team-building exercises.

Update 26 October 2020

Further restrictions have been announced and will be in place from Friday 30 October and will remain in force until (at least) 19 November 2020:

• No spectators will be allowed at professional sports matches. All amateur sports competitions for adults are now cancelled. Training may continue. One parent or guardian will be allowed to accompany each child (youth sports).

• Universities and colleges of higher education will only be allowed to teach 20% of their courses via physical lectures or seminars.

• Theatres, cinemas and concert halls will not be allowed to welcome more than 200 spectators. In cinemas at least two seats' space must be left between (groups of) film goers. Spectators must sit at least 1.5 m from each other. Food and drink are banned. Face masks are mandatory.

• Theme parks will be closed. Only the open-air areas of zoos will be allowed to remain open. Here too the sale and consumption of food and drink is forbidden.

Update 20 October 2020

Given the escalation of infections from COVID-19, there are new stricter measures in Belgium as of 20 October:

• Homeworking is ‘the rule’ for all functions for which working from home is possible, but only to the extent that the continuity of the business operations, the activities and the provision of services so permit it. Therefore, if the presence of any employees on the work floor is required for the continuity of business operations, the employer can still ask - and even oblige - these employees to come to the company premises, even if these functions theoretically lend themselves to working from home.

• Another new feature is the right for the employer to organise ‘moments of return to the company premises’ if these take place with respect for the sanitary measures.

• Companies are encouraged to organise all work which is carried out at the company premises in compliance with the social rules. Reference is once again made to the Ministry of Employment’s ‘generic guide’ and sector guides to preventing the spread of Covid-19 at work and to the social dialogue at company level to determine the appropriate prevention measures.

• People allowed close contact with only one person from outside your household. You can invite four people to your home if you respect social distancing rules. These four people must be the same for a period of two weeks, after which you can switch. In public spaces, groups are limited to four people.

• All bars, cafés and restaurants are closed. Take-out is possible until 10 p.m. Authorities will review these measures at the end of October. Night shops have to close at 10 p.m. and alcohol sales are prohibited after 8 p.m.

• There is a nightly curfew from midnight to 5 a.m., with exceptions for "essential trips" for urgent medical reasons and professional commutes.

• Indoor sports where no social distancing is possible are prohibited except for kids under 12. Some indoor sports classes can take place, with a cap on the number of participants depending on the space available. Outdoor sports are allowed. Authorities will review these measures by October 23. The number of spectators allowed at professional sports games has been halved from 400 to 200 people. Food and drink establishments linked to the venue will be closed.

• Cultural events are allowed to go ahead if they ensure social distancing and respect regulations on maximum capacity. These rules will be reviewed by October 23. Museums are open. Night clubs remain closed.

• Shops remain open. Food markets can also keep operating, but consuming food or beverages on site is not allowed. Flea markets and Christmas markets are prohibited.

• Travel within Belgium is allowed. Restrictions on traveling abroad depend on the epidemiological situation in the destination country, for which the Belgian foreign ministry uses a color code. Travel to countries marked "red" is strongly discouraged but not forbidden. When returning from a "red zone," you must quarantine for at least a week.

Update 24 September 2020

The Belgian safety council is making the measures less stringent (measures as from 1 October):

• Facemasks are not required to be worn out of doors from 1 October except in crowded areas.

• Anyone arriving in Belgium from a red zone must now quarantine for seven days rather than 14 days.

• Other measures remain the same, including the bubbles of five and 10. However, the term "bubble" has essentially been removed, but close contact should be limited to up to five people a month outside of your own household. Close contact means physical contact or not keeping a distance of 1.5 metres nor wearing a facemask for a period of at least 15 minutes. Every person in the household can have a different five people if they choose, and this can be a different group of five every month.

Organisers of private events, such as wedding receptions and conferences, may now host an unlimited number of guests and must follow the same rules that apply to restaurants.

Update 28 July 2020

Given the recent increases in Covid-19 cases, home working is now mandatory in the Antwerp region (unless impossible) and strongly recommended everywhere else. We expect most employers to reverse the return to the workplace efforts outlined below. A summary of the new social distancing restrictions for Belgium is:

• From 29 July, and for at least the next four weeks, social bubbles will be reduced to a maximum of 5 fixed people per household, children under 12 not included. Non-guided events, such as trips and gatherings with family and friends, as well as receptions, such as weddings, however, are limited to groups of 10 people, children younger than 12 not included. An exception will be made for summer camps.
• The number of people allowed at events will also be reduced, to 100 people (indoors) and 200 (outdoors). Face masks will be mandatory. Up until now, 200 (indoors) and 400 (outdoors) people were allowed at events.
• Teleworking is strongly advised.
• Shopping will also have to be done alone, except for minors or people who need help. Everyone will be allowed to stay in a shop for a maximum of 30 minutes.

29 April 2020

Belgium’s proposed exit strategy (and guide for employers) from 04 May

Details are set out below – you will see that remote working is expected to remain the norm but that there may be scope for employers to find other solutions if they are not able to comply with social distancing requirements.

Phase 1 – a (as from 4 May)

For industries and B2B services

Remote working will remain the norm. If companies are unable to comply with social distancing requirements, they will be able to compensate by following a series of health recommendations, including wearing a mask.

For shops

The rules remain the same, with the exception of fabric shops, which, given their important role in the production of mouth masks, are allowed to be open.

For the healthcare sector

In recent weeks, the epidemic has had a significant impact on the provision of healthcare, both in primary care and in hospitals. Working groups are already investigating how they can respond to the need to continue to provide the best care to people infected with Covid-19 while gradually and safely increasing access to general and specialised healthcare. The aim is to ensure that everyone regains ‘normal’ access to health care as soon as possible and that the medical infrastructure needed to care for people suffering from the virus is not overstretched.

As far as daily life is concerned

Outdoor physical activity will be allowed for a maximum of two people in addition to those living under the same roof, provided social distancing is observed.

It will also be allowed to practice other outdoor non-contact sports. However, access to changing rooms, communal showers and cafeterias will remain prohibited.

Phase 1 – b (as from 11 May)

For shops

This phase will allow all shops to reopen at the same time, without discrimination on the basis of size or sector, in order to give everyone the same chances of success. This will, of course, be subject to certain conditions which will be determined in consultation with the sectors and the social partners.

Shops relying on physical contact (eg hairdressers) will continue to remain closed in this phase.

For daily life

The future of sports competitions will be clarified in the short term.

Phase 2 (as from 18 May)

For shops

It will be investigated whether and under which conditions professions relying on physical contact can resume their activities, subject to conditions.

In terms of culture

The opening of museums may also be considered during phase two, subject to conditions. For example, through a ticketing system.

For daily life

Team sports will be possible outdoors, but only in a club context and with respect for certain instructions.

In terms of education

Lessons will resume gradually as from 18 May. Not all students will go back to school immediately.

Phase 3 (as from 8 June at the earliest)

Multiple points will be considered:

• The possibility of gradually reopening restaurants and, in a later stage, also cafes, bars and the like, all under strict conditions.
• Various summer activities such as trips abroad, youth camps (to be decided at the end of May), internships, tourist attractions also small-scale open-air events.

However, major events will remain prohibited until 31 August.

Our guide on the Belgian exit strategy covering the points of attention for a restart after the lockdown.

Please do let us know if you would like more detail on this.

See our coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.