Is long-term partial activity (LTD) still in existence?

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

The long-term partial activity device (APLD: titleContent) can no longer be installed in a company since 1er January 2023.

Arrangements put in place before that date may continue to apply until 31 December 2026 at the latest.

However, an amendment to the collective agreement or unilateral document put in place before 31 December 2022 may take place after that date. An amendment is forwarded to the administration.

We are taking stock of the applicable rules.

The establishment of the long-term partial activity was possible on the basis of:

  • of a collective agreement establishment, company, group or branch
  • or a unilateral document based on an extended collective agreement in the sector.

Collective Agreement

Reduced activity time

The reduced activity may be implemented up to a maximum of 36 months, which may or may not be consecutive, over a period of 48 consecutive months.

The company can benefit from the APLD as of 1er day of 1re period of authorization for partial activity granted by the Dreets: titleContent.

Reduction of working time

The employer may reduce the activity of the company up to 40% of legal duration and to employ its employees 60% of this one. This reduction shall be assessed for each employee concerned for the total duration of the agreement.

In exceptional circumstances, the reduction may be increased to 50% by decision of the departmental directorate responsible for employment, labor and solidarity (DDETS: titleContentor DDETSPP: titleContent) and under the conditions laid down in the collective agreement.

This may lead to periods of total and temporary closure of a service or company. For example, 8 months of company closure for a partial activity agreement covering a period of 20 months for employees at 35 hours.

Please note

the period of reduction in activity between 1er november 2020 and june 30, 2021 shall not be taken into account in the duration of the LDPA. Nor does it count for the maximum reduction in working hours.

Unilateral documents approved before 16 December 2020 shall be the subject of a change submitted for approval to exclude this period.

This amendment is not mandatory for employers whose main activity involves welcoming the public and is interrupted, partially or completely, due to the COVID-19 outbreak.

The collective agreement must contain mandatory and optional information.

Mandatory particulars

  • Diagnosis of the economic situation and business prospects of the establishment, company, group or branch
  • Start date and duration of application of the scheme
  • Activities and employees concerned
  • Maximum reduction of working hours below the legal working hours
  • Employment and vocational training commitments
  • Conditions for informing signatory trade union organizations and the Social and Economic Committee (ESC)

Optional entries

  • Efforts of employee managers, agents and shareholders proportionate to those of employees
  • Conditions for taking paid leave and using the personal training account, before or during theAPLD: titleContent
  • Means of monitoring the agreement by trade unions

Request for validation of the collective agreement

The employer must submit the request for validation of the collective agreement by dematerialized means.

Application for validation or certification of partial activity

Tabling of the collective agreement

The establishment, company or group agreement must also be filed on the TeleAccords platform.

TeleAgreements - Collective company Agreement Filing Service

Administration Response

The decision to validate the agreement shall be notified by dematerialized means to the employer and the signatory trade union organizations.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContentor DDETSPP: titleContent) has 15 days to validate an agreement. Silence is acceptance.

The validation decision is granted for 6 months.

The authorization may be renewed every 6 months, depending on the commitment follow-up report sent by the employer.

Compensation of the employee

The employer must pay the employee compensation corresponding to 70% of his gross salary by non-working time, or approximately 84% hourly net salary.

This allowance may not be less than €9.22, or exceed a ceiling of €36.70 per nonworking hour.

Allowance paid to the employer

The employer shall receive an allowance equivalent to 60% of the gross hourly remuneration of the employee limited to €31.46 with a minimum of €9.22.

FYI  

the floor does not apply to employees not subject to remuneration equivalent to the hourly minimum wage (e.g. apprentices).

What jobs are involved?

Job retention commitments cover all jobs in the establishment or company. A branch, group, establishment or company agreement may provide for a different scope.

Fulfillment of commitments

Before the end of the 6 months ofAPLD: titleContent, the employer shall forward to the departmental directorate responsible for employment, labor and solidarity (DDETS: titleContentor DDETSPP: titleContent(b) an assessment of the fulfillment of its commitments in respect of the following:

This assessment must be accompanied by an up-to-date diagnosis of the establishment, company or group. It deals with the economic situation and the prospects for activity.

The ESC, if it exists, should be informed of the implementation of the APLD: titleContent. The minutes of the last consultation meeting should be attached.

Penalties for non-compliance

Economic dismissal of an employee in APLD for the duration of the appeal

The employer must reimburse the Service and Payment Agency (SPA) for the amounts collected for this employee under theAPLD: titleContent.

The employer may be exempted from repayment if the economic and financial situation of the company so warrants.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContentor DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.

Economic dismissal of another employee

The employer must reimburse the Service and Payment Agency (SPA) for each breach an amount equal to the total amount of the amounts paid in respect of theAPLD: titleContent / number of employees placed in APLD: titleContent.

The employer may be exempted from repayment if the economic and financial situation of the company so warrants. It must inform the staff representative institutions and the trade unions which are signatories to the collective agreement.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContentor DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.

Unilateral document

An employer wishing to benefit from the specific partial activity scheme under an extended branch agreement must first consult the ESC when it exists.

Reduced activity time

The reduced activity may be mobilized up to a maximum of 36 months, which may or may not be consecutive, over a period of 48 consecutive months.

The company can benefit from the APLD as of 1er day of 1re period of authorization for partial activity granted by the Dreets: titleContent.

The unilateral document setting the duration of the APLD: titleContent may be renewed within the maximum period laid down in the extended branch agreement.

Reduction of working time

The employer may reduce the activity of the company up to 40% of legal duration and to employ its employees 60% of this one. This reduction shall be assessed for each employee concerned for the total duration of the unilateral document.

In exceptional circumstances, the reduction may be increased to 50% by decision of the departmental management responsible for employment, labor and solidarity (DDETS: titleContentor DDETSPP: titleContent) and under the conditions laid down in the unilateral document and the extended branch agreement.

This may lead to periods of total and temporary closure of a service or company. For example, 8 months of company closure for a partial activity agreement covering a period of 20 months for employees at 35 hours.

Please note

the period of reduction in activity between 1er november 2020 and june 30, 2021 shall not be taken into account in the duration of the LDPA. Nor does it count for the maximum reduction in working hours.

Unilateral documents approved before 16 December 2020 shall be the subject of a change submitted for approval to exclude this period.

This amendment is not required for employers whose main activity involves welcoming the public and is interrupted, partially or completely, as a result of the COVID-19 outbreak.

  • Conditions for implementation in the establishment or company of the provisions of the extended branch agreement
  • Start date and duration of application of the scheme
  • Activities and employees concerned
  • Maximum reduction of working hours below the legal working hours
  • Employment and vocational training commitments
  • Information conditions for signatory trade union organizations and the Social and Economic Committee (ESC)

Application for approval of the unilateral document

The employer must submit the application for approval of the collective agreement by dematerialized means.

It must be accompanied by the opinion of the ESC.

Application for validation or certification of partial activity

Administration Response

The decision to approve the unilateral document is notified by dematerialized means to the employer and the signatory trade union organizations.

The Dreets: titleContent has 21 days to validate the unilateral document. Silence is acceptance.

The approval decision is granted for 6 months. The authorization may be renewed every 6 months, depending on the commitment follow-up report sent by the employer.

Compensation of the employee

The employer must pay the employee compensation corresponding to 70% of his gross salary by non-working time, or approximately 84% hourly net salary.

This allowance may not be less than €9.22, or exceed a ceiling of €36.70 per nonworking hour.

Allowance paid to the employer

The employer shall receive an allowance equivalent to 60% of the gross hourly remuneration of the employee limited to €31.46 with a minimum of €9.22.

FYI  

the floor does not apply to employees not subject to remuneration equivalent to the hourly minimum wage (e.g. apprentices).

What jobs are involved?

Job retention commitments cover all the jobs of the establishment or company. The unilateral document must specify the conditions for their implementation in the establishment or company.

Fulfillment of commitments

Before the end of the 6 months ofAPLD: titleContent, the employer shall forward to the departmental directorate responsible for employment, labor and solidarity (DDETS: titleContentor DDETSPP: titleContent) the progress made in meeting its commitments in respect of the following 2 points:

  • Employment and vocational training
  • Method of informing the signatory trade union organizations and the EESC

This assessment must be accompanied by an up-to-date diagnosis of the establishment, company or group. It deals with the economic situation and the prospects for activity.

The ESC, if it exists, should be informed of the implementation of the APLD: titleContent. The minutes of the last consultation meeting should be attached.

Penalties for non-compliance

Economic dismissal of an employee in APLD for the duration of the appeal

The employer must reimburse the Service and Payment Agency (SPA) for the amounts collected for this employee under theAPLD: titleContent.

The employer may be exempted from the refund in view of the company's economic and financial situation.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContentor DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.

Economic dismissal of another employee

The employer must reimburse the Service and Payment Agency (SPA) for each breach an amount equal to the total amount of the amounts paid in respect of theAPLD: titleContent / number of employees placed in APLD: titleContent.

The employer may be exempted from repayment if the economic and financial situation of the company so warrants.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContentor DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.

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