Working from home is mandatory, don’t forget the mandatory certificate/attestation for those who do work at the office!

Joost PeetersPartner, STUDIO | LEGALE

From today, 2nd of November 2020, it will be compulsory again to work from home (teleworking), unless you cannot do otherwise and your employer has a certificate.

The new Ministerial Decree1 that enters into force today 2nd  of  November  2020 brings a new obligation: if you cannot work from home, you must obtain a certificate from your employer.

Article 2, §1. of the Ministerial Decree stipulates that “teleworking is compulsory in all companies, associations and services for all staff members, unless this is imposs ible due to the nature, function or continuity of the business, activities or services”.

Furthermore, article 2 §1. stipulates that if you do work in the office, you must ask  your employer for “a certificate or  any other proof confirming the necessity of  your presence  in the workplace”.

It seems appropriate to us that a brief but clear motivation should be stated on the attestation. Writing out a standard attestation for all your employees is out of the question. You will have to select the necessary employees and motivate why they  cannot work from home.

Although there is no ban on non-essential movements, it is  now  mandatory to  be  able to submit an attestation to the inspection services if one does work in the office.

This is in contrast to the measures in place at the previous lockdown in  March. At  that time it was forbidden to make non-essential movements, but there was no obligation for a certificate if you went to work in the office.

Checks will be carried out and the inspection services will ask employees working in offices for this attestation. If you do not possess it, the inspectors may impose a sanction.

Conclusion:

Be aware it is now compulsory to have an  attestation or document explaining why it    is not possible to work from home (by your employees).

If you have any questions about this certificate or if you would like  a  model  certificate, do not hesitate to contact us at joost.peeters@studio-legale.be.

Authors: Joost Peeters en Roxanne Sleeckx

1 Ministerieel besluit houdende wijziging van het ministerieel besluit van  28  oktober  2020  houdende dringende maatregelen om de verspreiding van het coronavirus COVID-19 te beperken, BS 01.11.2011.