Update Corona measures in Belgium

1. The most important change is that teleworking becomes the rule again (instead of strongly recommended) for all employees whose position allow it.

• If telework cannot be applied, the rules from before continue to apply:
  • non-essential undertakings shall take measures to ensure maximum compliance with the rules of social distancing, in particular maintaining a distance of 1.5 meters between each person, wearing mouth masks and other measures as specified below.
• the enterprises of the critical sectors and essential services, as well as the producers, suppliers, contractors and subcontractors of goods, works and services essential to the activity of these enterprises and these services, shall take measures to apply the rules of social distancing as far as possible.

We would like to refer again to our article of 24 September 2020 on the impact of teleworking on the tax and social security situation for cross-border employment.

Furthermore, we give you the most important rules that continue to apply:

2. Enterprises shall take in a timely manner appropriate preventive measures to ensure the application of the rules or, if this is not possible, to provide at least an equivalent level of protection.

These appropriate prevention measures are health and safety requirements of material, technical and/or organizational nature as defined in the “generic guide” to prevent the spread of COVID-19 at work” complemented by guidelines at sectoral and/or enterprise level, and/or other appropriate measures that provide at least an equivalent level of protection. These include measures relating to:

• Providing clean and hygienic workplaces by disinfecting them regularly;
• The application of good hand hygiene by employees by providing hand sanitizers in visible places;
• Providing good respiratory hygiene in the workplace by using paper tissues in case of coughing and sneezing;
• Informing employees that it is better not to go to work with symptoms of illness such as cough and/or fever;
• Providing teleworking;
• Providing instructions in case someone gets ill with a suspicion of having the Coronavirus.

3. Contact tracing in construction, cleaning, agriculture, horticulture and meat processing industry as also mentioned in detail in our article of 25 August 2020.

4. Movements from a red zone in the case of cross-border employment

• Movements to red zones are allowed, but strongly discouraged.
  For essential movements, e.g. for professional reasons and commuting, there is of course no other option. However, some measures must be taken:
  • Essential movements shorter than 48 hours (e.g. border workers going home every day):
    • No quarantine obligation, no corona test and no filling out of Passenger Locator Form (PLF).
    • However, it is recommended that the employer provides his employees (frontier workers) with a certificate proving that they have to cross the border for an essential movement in order to work.
  • Essential movements longer than 48 hours:
    • From 20/10 onwards one is no longer obliged to undergo testing if one has no symptoms, Public Health Passenger Locator Form (PLF) still needs to be filled out.
    • The quarantine obligation also remains (10 days instead of 7 days).
      • However, the quarantine may be abandoned in order to carry out an essential activity (labour, supermarket, etc.).
      • After quarantine, one should be cautious for an additional 4 days and be tested for the slightest symptoms.
  • At the bottom of the PLF there is a self-assessment document which may avoid quarantine and testing.
    This self-assessment document includes questions to calculate the risk of corona catching(e.g. degree of contact, urban or densely populated area, …).
    • Do you have a high risk of corona: you need to get tested and go into quarantine.
    • Do you have a limited risk: you don’t have to get tested and don’t go into quarantine.
  • Again, it is advisable for the employer to provide his employees with a certificate proving that they have to cross the border for an essential movement to work.

5. Movements from an orange zone in case of cross-border employment

• No quarantine obligation or mandatory test
• Be extra vigilant for symptoms

If you have any questions, do not hesitate to contact your account manager.