BELGIUM
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
GENERAL INFORMATION:
The CNS, which brings together the prime minister, deputies, ministers, representatives of the federated entities, heads of the security services and scientists, was formed to evaluate the various emergency measures taken to fight against COVID-19, as well as their duration. It convenes as necessary to decide upon follow-up measures to be taken.
The Group of Experts in charge of the Exit Strategy (GEES), is examining how Belgium could be gradually released from the lockdown. The exit strategy will be based on social distance and other measures adapted to return to work; it is expected that wearing a face mask will play an important role.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
In Belgium, Fedris (Federal Agency for Occupational Risks) is the competent public institution that rules on applications for recognition of a disease as an occupational disease. Belgian regulations on occupational diseases provide for a mixed recognition system, consisting of a so-called “list system” and a so-called “open system”. The list system assumes the link to the work and should not be proven. In the open system, the applicant must provide evidence of the causal relationship between the disease and the occupational exposure to the risk of this disease.
For staff in the health sector, COVID-19 can be recognized through the occupational disease list under code 1.404.03 of the list of recognized occupational diseases (other infectious diseases among members of staff working in the field of preventive health care, medical care, nursing at home or laboratory work and other professional activities in care institutions where there is an increased risk of infection). COVID-19 is recognized as an occupational disease for individuals who work in healthcare and who are at a significantly increased risk of being infected by the virus. These individuals are eligible for occupational disease compensation. The infection by COVID-19 must be diagnosed through a laboratory test.
Those who do not work in the health sector can possibly be recognized via the open system. These persons must not only be exposed to the occupational risk of the disease, they must also prove that they actually contracted the disease through work.
Although the concept of "accident at work" cannot in principle be excluded, Fedris nevertheless believes that there will be an important evidential problem in practice. Any application made in this sense will nevertheless be carefully examined.
https://www.fedris.be/nl/node/2702?_ga=2.117539210.24675672.1587116357-975580853.1587116357#h2_3
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
To date, no formal guidelines have been issued for return to work. In general, an employee can return to work if (s)he no longer shows symptoms related to COVID-19. In addition, if homeworking is not possible, the social distancing rules must be respected at all times.
In some sectors (such as healthcare where there is a lack of employees), employees who have been diagnosed with COVID-19 but show no symptoms are allowed to work in areas where patients with COVID-19 are being treated.
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
At present, a ban on gathering is in place, while only essential movements are allowed. Non-essential shops are closed, and school classes have been suspended and will remain so until 3 May. Sports and cultural activities such as festivals will be prohibited until 31 August. Persons are allowed to leave their home for physical activities (walking, cycling) in the vicinity of their principal residence or for other critical activities. Persons living under the same roof do not have to remain 1.5 meter apart. [Art. 5, 6, 8 of Ministerial Order of 23 March 2020]
The following businesses are open, social distancing conditions (distance of 1.5m) must be respected [Art. 1, §1 of Ministerial Order of 23 March 2020]:
food stores, including night shops;
the pet food shops;
pharmacies;
newsagents;
petrol stations and fuel suppliers;
telecom shops, excluding shops that only sell accessories, but only for emergencies, where they can only receive one customer at a time and this by appointment;
medical device shops, but only for emergencies, where they can only receive one customer at a time and by appointment;
do-it-yourself shops (from 18 April);
garden centers (from 18 April).
From 4/5:
specialized retail outlets selling clothing;
specialized retail businesses that sell knitting yarn, needlework;
wholesalers intended for professionals;
hotels and aparthotels, with the exception of any restaurants, meeting rooms and leisure facilities;
the necessary infrastructures for exercising physical outdoor activities not involving physical contact.
For all other companies with activities in a crucial sector and providing essential services, and regardless of their size, homeworking is mandatory. However, an exception applies to functions that do not lend themselves to homework. In such a case, the employee should go to work as usual. If social distancing cannot be guaranteed, the company must close [Art. 2 of Ministerial Order of 23 March 2020]
As of 4 May:
Business to business activities can resume, though homeworking remains the norm. Companies must ensure that distance rules are respected and will need to make the necessary adaptations in the workplace by following the guidelines set out in “Safe to work. Generic guide to combat the spread of COVID-19 at work” (in Dutch).
Companies must inform employees about the prevention measures in force and provide them with appropriate training. They must also inform third parties about the prevailing prevention measures.
Hospitals are expanding access to general and specialized care.
Public transport returns to full speed (see also below “Covering of mouth and nose and use of public transport”)
As of 11 May:
Re-opening of stores under strict conditions regardless of the size or type of shop with the exception of contact professions (e.g. hairdressers).
As of 18 May:
Primary and secondary schools to reopen in small group under strict condition for some student, only after a thorough evaluation and under strict conditions.
Museums open.
Family gatherings are permissible.
Meeting with more than 2 people permitted.
Trips within Belgium are allowed.
Covering of mouth and nose and use of public transport. Covering of mouth and nose is important during the exit-strategy. This can be done with a mask or an alternative protective equipment such as a scarf or a bandana.
This will be recommended in public spaces, mandatory on public transport for users aged 12 years and older. This measure will take effect from 4 May. In itself, a mask does not provide adequate protection, it must be viewed within the wider use of masks, hygiene measures and physical distancing.
The federal government and the federal states will work together to ensure that every citizen receives at least one standard fabric mouth mask that covers the mouth and nose free of charge. People will also receive two "filters" to put into purchased or made masks. Surgical masks and FFP2 masks are reserved for healthcare professionals, residential care centers, residential facilities and security services.
In the workplace, the employer - also in the public sector - must protect his employees if necessary.
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
These guidelines were issued by the Belgian Federal Authority and are mandatory.
Regional or local authorities may also adopt more stringent or additional preventive measures, other than those of the Ministerial Order containing urgent measures to limit the spread of the coronavirus COVID-19. For instance, City councils may provide in their regulations and ordinances.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
Companies who are allowed to continue their activities have to respect the rules of social distancing (in Dutch). If these are not followed, these companies must shut down [Art. 2 of Ministerial Order of 23 March 2020]
Violations of the provisions are curbed by the penalties provided for in Article 187 of the Law of 15 May 2007 on civil security. The companies which, after having been the subject of a first determination, still do not respect the obligations regarding social distancing, will be the subject of a closure measure [Art. 10 of Ministerial Order of 23 March 2020.
Art. 187 of the Law of 15/5/07 on civil security: Penal provisions.
Refusal or omission to act in accordance with the measures ordered under Articles 181, § 1 and 182 is punishable in peace time with imprisonment of eight days to three months and a fine of twenty-six euros to five hundred euros, or one of those punishments alone.
In wartime or in periods assimilated thereto, refusal or omission to act in accordance with the measures ordered under Article 185 shall be punishable by a term of imprisonment of three months to six months and a fine of five hundred euros to one thousand euros, or one of the penalties.
In addition, the minister or, where appropriate, the mayor or the zone commander, may have the aforementioned measures carried out ex officio, at the expense of the unruly or defaulting persons.
Fines up to 4000 Euro have been given to companies not respecting the mitigation measures.
As of April 7, 2020, city councils may provide in their regulations and ordinances a GAS (Municipal Administrative Sanction) fine for violations of the gathering prohibition and social distancing rules, the prohibition of non-essential movements and the obligation to close non-essential businesses. This administrative fine amounts to 250 euros per infringement [https://crisiscentrum.be/sites/default/files/kb_-_6_april_2020.pdf]
Even when a GAS fine has been paid, the public prosecutor can still bring criminal charges under Art. 187 of the law of 15/5/07 but only if the offender has committed more than 1 Corona violation.
The local and federal police ensure strict compliance with anti-coronavirus measures and assist health workers. They are empowered to sanction and stop activities if necessary. Regional or local authorities may also adopt more stringent or additional preventive measures, other than those of the Ministerial Order containing urgent measures to limit the spread of the coronavirus COVID-19. Those specific measures are in addition to the measures of the decision without weakening the latter. In other words, they must also be respected.
6. Has your country adopted any laws or regulations related to COVID-19?
The principle adopted laws on Covid-19 are:
March 23, 2020. - Ministerial Order containing urgent measures to limit the spread of the coronavirus COVID-19 with annex listing crucial and essential services as amended on April 3, 2020 and April 17, 2020 and April 30, 2020: [http://www.ejustice.just.fgov.be/eli/besluit/2020/03/23/2020030347/justel, https://crisiscentrum.be/sites/default/files/mb_17april.pdf] [https://crisiscentrum.be/sites/default/files/kb_-_6_april_2020.pdf]
March 5, 2017. - Law on workable and agile work. This law introduces a legal context for occasional remote telework. Telework being defined as a form of organization of the work, using IT whereby the work that would have been performed at the offices of the employer, is performed outside of these offices. These provisions apply in the present Coronavirus context. In principle the same duties and obligations apply, meaning that the employee must perform the same number of working hours and comply with the same performance norms and rules without having to strictly abide by the work schedule applicable in the company. [https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=nl&la=N&table_name=wet&cn=2017030503]
Companies and employers must organize their activities in compliance with the exceptional legal requirements resulting from the pandemic. A company can therefore implement a shift system to be able to comply with keeping a distance of 1.5m. The COVID-19 pandemic is considered to be an ‘occurred accident’ within the meaning of the Labour Code, and the crossing of labour boundaries is permitted. The hours worked in this context fall under the normal overtime regime. There is no special compensation, but the overtime regime applies.
Statutory leave must be jointly agreed with the employer. If there is no collective closing, the so-called individual holiday can only be taken in joint agreement with the employer (the employer’s agreement may be tacit). In this case, holidays can never be determined unilaterally, neither by the employer nor by the employee.
Maintenance checks that are not required by law are not urgent and may not be carried out. Only urgent technical inspections can take place, subject to social distancing measures.
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
