- Income support for workers
L'indemnisation des travailleurs licenciés en cas de fermeture d'entreprises/Vergoeding van de in geval van Sluiting van Ondernemingen ontslagen werknemers
Wage guarantee in case of employer insolvency
Coverage/Eligibility
Collective dismissals (at least 10 in companies with 20–99 employees, 10% in companies with 100–299 employees, at least 30 in companies with 300 or more employees) caused by bankruptcy or insolvency of the employer.
Main characteristics
In the case of collective layoffs as a result of bankruptcy or insolvency of a company, workers receive a closing-down indemnity paid by a closing fund managed by the public employment services.
The employment contract must be terminated 12 months before to 13 months after the closing in order to receive guarantees in case of employer’s insolvency.
There are no exclusions of part-time or fixed-term workers.
The fund will intervene in the payment of wages due and indemnities and benefits that are due.
For companies closing after 1 June 2016, the redundancy amounts to €156.88 for each year of seniority in the company. In order to take into account the personal situation of the employees, an additional premium is available for employees over 45 years old. For each year above 45, they were active in the current company they will receive an additional €156.88.
The fund is financed through social security contributions by the employer levied on the gross salary of employees.
Payment will be realised also if the employer does not contribute.
Funding
- National funds
- Companies
Involved actors
National government
Legal framework; funding. Public employment services
Mangement of the fund.
Effectiveness
2011 25,477 employees received a closing-down indemnity
2012 27,529 employees received a closing-down indemnity
2013 30,073 employees received a closing-down indemnity
2014 28,534 employees received a closing-down indemnity
2015 25,340 employees received a closing-down indemnity
2016 22,704 employees received a closing-down indemnity
2017 21,772 employees received a closing-down indemnity
Source: Rijksdienst voor Arbeidsvoorziening, (RVA) – Office national de l’Emploi (ONEM)
Strengths
No information available.
Weaknesses
No information available.
Pavyzdžiai
Šaltinis
- Federal Public Service of Justice (in French - in Dutch)
- National Office for Employment (ONEM/RVA)
- Federal Public Service Employment, Labour and Social Dialogue
- National Office of Social Security (ONSS/RSZ)
- Restructuring in Belgium
- Deutsch, A., 2011, Europäische Beispiele für die Insolvenzentgeltsicherung, Vienna, Federal Ministry of Labour, Social Affairs and Consumer Protection/IEF
- Sargant, M., 2007, Implementation Report Directive 2002/74/EC on the protection of employees in the event of employer insolvency, European Commission.
- European Commission, 2011, Report on the implementation and application of certain provisions of Directive 2008/94/EC on the protection of employees in the event of employer insolvency.
- Watson Wyatt, 2006, Employment Terms and Conditions Report Europe, Volume I, Brussels, Belgium
- ERM database on restructuring related legislation
- Rijksdienst voor Arbeidsvoorziening, (RVA) – Office national de l’Emploi (ONEM)
- Rijksdienst voor Arbeidsvoorziening, (RVA) – Office national de l’Emploi (ONEM)
- Indemnité de fermeture/sluitingsvergoeding
Eurofound welcomes feedback and updates on this regulation
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