Employers take note: be well prepared with the regulation on unworkable weather

In extreme weather such as severe frost, high water or snow, your business could potentially shut down. Our country has had to deal with all of these conditions recently, and it will continue to freeze solidly in the coming days. Is there a direct connection between the work and the extreme weather? If so, your employees may receive unemployment benefits under the Unworkable Weather Regulations.

Date: Feb. 11, 2021

Modified November 14, 2023

Reading time: +/- 2 minutes

In extreme weather such as severe frost, high water or snow, your business could potentially shut down. Our country has had to deal with all of these conditions recently, and it will continue to freeze solidly in the coming days. Is there a direct connection between the work and the extreme weather? If so, your employees may receive unemployment benefits under the Unworkable Weather Regulations.  

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To take advantage of the arrangement, it must be included in the applicable collective bargaining agreement. 

The collective bargaining agreement states if, and when, a company is eligible for this scheme. If the conditions of the scheme are met, you will receive an unemployment benefit (of 75%) through the UWV, with which you can pay the employee. A collective bargaining agreement may also contain additional agreements. For example, in the collective bargaining agreement on Unworkable Weather Construction & Infra, it has been agreed that the salary must be supplemented to 100% by the employer in the event of unworkable weather.

Waiting days

The first days when employees cannot work are the waiting days. The number of waiting days that apply depends on the type of weather conditions. For frost, sleet, snowfall, there are two waiting days per winter season. A winter season runs from November 1 to March 31. These waiting days you still pay the wages yourself. If the unworkable weather lasts longer than the number of waiting days that apply, you can apply for unemployment benefits for the employees.

Timely reporting

You must have notified the UWV before 10:00 a.m. that your employees cannot work that day due to unworkable weather. The notification can be made through the notification portal on the UWV website. This notification is valid for the entire day. A new notification must be made every day for as long as there is unworkable weather. On a day reported to UWV, your employees may not perform (replacement) work. Your employees may also not (yet) be present at the workplace.

Request

To apply for WW benefits, you must then use the UWV Form Application for WW Benefits Due to Unworkable Weather. You fill out the form for your employees. The employees themselves must also sign the application. Make sure you submit the application no later than 26 weeks after the first day your employees were unable to work due to unworkable weather.

Not for temporary workers

The regulation on unworkable weather does not currently apply to temporary workers. A specific regulation must be included in the agency work agreement, which is not the case at the moment. However, NBBU is in talks with the unions to include such a provision in the collective agreement as soon as possible. Naturally, we will keep you informed of developments.

Do you have questions about the Unworkable Weather Regulations? Feel free to call or email us.


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