Did you close the financial year on 31 December 2025 and did the employment plan also expire at that time? If so, do not delay any further and create a new plan. In this case, the plan must be established before 31 March 2026 to avoid penalties.
Who needs to establish a plan?
The requirement to create an employment plan applies to companies that employ more than 20 workers. Here, "company" refers to the technical operating unit, not the legal entity.
To determine if a company employs more than 20 workers, you must consider the number of workers expressed in full-time equivalents who were employed in the company on the first working day of the calendar year in which the employment plan is established, as indicated in the Dimona declarations made on that date.
What is the deadline for establishing this plan?
Within three months after the closure of the financial year, you must communicate the employment plan to the company council. If there is no company council, you should inform the trade union delegation, the CPPW, or the workers.
The deadline for submitting this plan aligns with the provision of the annual information on the social plan and employment matters.
What should this plan include?
Your employment plan must outline the efforts your company commits to making in order to retain or possibly take on staff who are aged 45 and over.
These may include measures already in place within your company and/or measures you wish to implement in the future.
A company may decide to lighten the workload of its older workers by adjusting their working hours or working conditions.
What are the penalties?
If you do not establish a plan, you disrupt the functioning of the consultation bodies and fail to comply with the provisions of a mandatory CCT.
The first offence incurs a level 2 penalty, while the second incurs a level 1 penalty.
The penalties are as follows:
|
|
Administrative fine |
Criminal fine |
|
Level 1 sanction |
From 100 to 1,000 euros |
/ |
|
Level 2 sanction |
From 250 to 2,500 euros |
From 500 to 5,000 euros |
An older worker who is dismissed may also file a claim for damages based on the anti-discrimination law (age-based discrimination). The dismissed worker could argue that the lack of a plan prevented the company from taking appropriate measures to maintain the employment of older workers.
What services does Securex offer?
You can find more information on this topic under our theme "Employer Obligations" > Employment plan for older workers.
Do you need to create a plan and would like assistance in drafting one suitable for your company? Please contact your Legal Advisor at myHR@securex.be. They will be happy to help you.