Since October 19, 2020, new Belgian rules have once again made it obligatory for most employees to “telework at home” as much as possible.
The latest Belgian rules passed in the fight against COVID-19 state that telework at home must be the general rule for all companies, organizations and services where employees are in a position that allows for remote working. However, the rules do recognize that continuity of business operations, activities and services must be assured, and the legislature has acknowledged the importance of employees maintaining a connection with both their colleagues and the company. Hence, employers are allowed to schedule limited, well-organized return-to-the-office moments for homeworkers provided they respect all the health and safety measures.
Is your company considering implementing a telework policy or updating its current policy? The table below, which summarizes the three recognized forms of telework under Belgian law, can be your starting point.
Rules and practices on health and safety, occupational health accidents, data protection, etc. can also be detailed as part of a telework policy. Please note that if you are considering implementing structural telework, the representatives of the employees (Works Council/Trade Union Delegation) concerned should be informed and consulted.
Our team assists clients with the drafting or review of telework policies and employment contracts/addenda determining telework terms. We help our clients to define the best work from home strategies for their companies. We also continue to closely monitor all COVID-19 developments, and we are available to help companies through this crisis in the best possible way.
Emmanuel Plasschaert
Partner – Brussels
Phone: +32.2.282.4084
Email: eplasschaert@crowell.com
Evelien Jamaels
Counsel – Brussels
Phone: +32.2.214.2814
Email: ejamaels@crowell.com
Stefanie Tack
Counsel – Brussels
Phone: +32.2.282.1848
Email: stack@crowell.com
Adrien Moureaux
Associate – Brussels
Phone: +32.2.214.2872
Email: amoureaux@cro
