A new social obligation for employers in the fight against COVID-19
06 April 2021
Since 1 April 2021, there is a new obligation for employers with the National Social Security Office as part of the fight against the coronavirus. All employers, except those who are obliged to close their business completely (such as the hotel and catering industry), must make a monthly registration of two pieces of information concerning telework in their company.
Number of employees working in the enterprise
First of all, the registration must indicate the number of employees working in the enterprise. If the enterprise consists of several establishment units, the employer must indicate the number of employees in each establishment unit.
Among the persons employed, the employer must take into account:
- Persons bound by an employment contract, an apprenticeship contract, ...
- Employees on long-term sick leave and taking time credit
- Itinerant workers (e.g. inspectors, couriers, etc.)
- If external workers and/or temporary workers are used on a structural basis, they should also be included. This also applies to self-employed persons who work on a structural basis (e.g. consultants).
Number of persons employed in a position incompatible with teleworking
In addition, the employer must now disclose the number of persons employed by the company who perform a function that is incompatible with teleworking. This includes all positions which, by their nature, can only be performed on site (e.g. manual workers, technical staff, receptionists, cleaning staff, administrative staff who cannot perform their duties from home, mobile positions).
Employees who are required to travel to their place of work on an exceptional basis are not considered to be working in a job that is incompatible with teleworking. However, these employees must be able to justify their presence. This also applies to members of management and line managers (e.g. heads of department or team leaders).
The NSSO has set specific deadlines for employers to register their monthly returns via the NSSO e-box:
- For the month of April: by 6 April 2021
- For the month of May: at the latest 6 May 2021
- For the month of June: by 6 June 2021.
Not binding on the employer
The information contained in this declaration is not binding on the employer. The information contained in this declaration is intended solely to enable the social inspection services to carry out more effective inspections. If the number of persons present does not correspond to the information provided by the employer, it cannot as such be the subject of a sanction. However, employers who fail to complete the registration may incur administrative or even criminal penalties.
If you have any questions about this compulsory registration or if you need advice about it, please contact one of our social law experts: