Q&A Employment law updates January 2022

A number of questions were raised during the webinar on Jan. 20 that could not be answered immediately. These questions and their answers can be found below. We look forward to greeting you at one of our next meetings, either digital or physical. And should you have any questions in the meantime, we are always available to assist you.

1. As of last Friday, January 14, the quarantine rules have been changed. From now on, if someone has been in closecontact with someone who tested positive, there is no longer a quarantine requirement if they have had a booster shot at least 1 week old. Now what if my employee is not "boostered" and has to be quarantined because he has been in close contact with someone who tested positive? He cannot work from home.

Only if the fact that the employee cannot work because he has to be quarantined is for his own account and risk, the employer does not have to continue paying wages (or can remind the employee to take vacation days). Until now, the presumption was that the employer had to continue paying the employee's wages if he had to be quarantined. The question is whether the new quarantine rule makes that different.

There is no vaccination obligation (yet), and the Temporary Act on Broadening the Use of Coronation Cards, which imposes the obligation to show a coronation card at work (ctb obligation) has not (yet) been adopted. In our opinion, therefore, the aforementioned premise will continue to apply and the employee's wages must continue to be paid.

2. Does the training requirement also apply to apprenticeships?

The obligation to train means that an employer must enable the employee to follow the training and courses necessary for the performance of his job. If the employee's job becomes redundant or if the employee is no longer able to perform his job, the employer is in principle also obliged to (retrain) the employee so that the employment contract can be continued.

The training obligation is extended with the implementation of the Transparent Working Conditions Directive: training necessary to perform the work for which an employee was hired must now be offered free of charge and on the employer's time. No repayment arrangement may be agreed for this either.

This criterion should also be applied when considering whether an employer should pay for the training of the employee undergoing an apprenticeship. Often the training is necessary to be able to perform the job after completion of the apprenticeship, for example in the case of technical BBL training. In that case, therefore, the employer must indeed now offer the training free of charge.

3. If the Work Where You Want Act is enacted, should home working be allowed in an office environment from now on? And should there be compensation in return?

The Work Where You Want Act is currently being debated in the House of Representatives. Should the law pass, in the future you will indeed have to grant an employee's request to work somewhere else (e.g., at home) in principle, unless a compelling business or service interest opposes it. Such an interest may be social cohesion and mutual cooperation, but practical objections may also be raised.

If employees work from home, they can receive a homework allowance, but this is not mandatory. As of January 1, 2022, employers may give employees who work from home a untaxed allowance of up to €2 per day. Per working day, an employee may receive either travel expenses or a home office allowance. If your employee structurally works from home for one or more days, it may be advisable to enter into a home working agreement. In it you can make agreements about the frequency of working from home, health and safety issues, accessibility, any allowances, privacy, etc.

Also keep in mind that you should involve the works council when drafting any work-at-home policy.