Why you pay wages when you send an employee home
Article 27 of the Employment Contracts Act gives an employee who turns up and is fit to work the right to pay for their full working day if, for reasons beyond their control, they cannot start or continue work. The employer must also let the employee work and pay them as agreed (Article 20), as long as the contract is not lawfully suspended.
Exceptions
Article 27 does not apply in the event of a strike. Lack of work for economic reasons only suspends the contract through temporary unemployment: for blue-collar workers with notice at least 7 calendar days in advance, for white-collar employees only in a company in difficulty. Force majeure and a technical breakdown can also suspend the contract; with a technical breakdown, a blue-collar worker does keep their normal pay for 7 days.
What is the risk?
Without a valid suspension, the wages remain due. Not paying them, or paying late, is a level 3 offence under Article 162 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000, per employee concerned. If you report economic unemployment late, you pay normal wages for 7 days from the first day of suspension.
What to do
Pay the interrupted day in full. If you expect no work for longer, announce temporary unemployment to the employees in time and report it electronically to the RVA, following the rules for blue-collar or white-collar staff.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .