What situations can prevent your worker from returning?
A worker may find themselves stuck abroad for various reasons beyond their control. The situations currently observed include:
- Cancellation or suspension of flights
- Closure of airspace or borders
- Geopolitical conflicts or tensions
- Security measures or transport restrictions
In these cases, the worker is objectively unable to reach their workplace on the scheduled date.
To avoid any disputes, ask them to notify you immediately and provide evidence of the impossibility to return (such as flight cancellation confirmation, communication from the airline, or notice from authorities).
Is the worker's absence considered as force majeure?
If your worker cannot return to Belgium for unforeseeable and uncontrollable reasons, the absence may be considered a case of force majeure.
In this situation:
- The absence is justified
- The worker is not entitled to their guaranteed salary, unless otherwise provided
- The labour contract is temporarily suspended
When the execution of the contract becomes impossible for these reasons, you may consider temporary unemployment for force majeure. However, the NEO examines each situation on a case-by-case basis and checks in particular whether the event was truly unforeseeable and unavoidable.
What does the NEO provide for attacks in Iran?
Following the attacks and tensions in the Middle East, some workers have found themselves stuck in the region and unable to return to Belgium. The NEO has therefore provided clarifications regarding the application of temporary unemployment for force majeure in this context.
Workers stuck in Iran
For the NEO, no temporary unemployment for force majeure can be requested for workers stuck in Iran, as a negative travel advisory had already been in effect for some time.
The NEO therefore considers that the definition of force majeure is not met, particularly the unforeseeable and unavoidable nature of the event.
Workers stuck in other countries
When severe air traffic restrictions or airport closures prevent international travel, some workers may find themselves stuck in airports located in other countries (e.g. Dubai, Israel).
If your worker is in such a country and is unable to perform their labour contract, you may in principle resort to temporary unemployment for force majeure.
Departure after February 28, 2026 to an affected area
The NEO also announces a refusal if your worker takes a flight to an affected area after February 28, 2026. In this case, no temporary unemployment for force majeure can be accepted, as your worker is leaving with full knowledge of the situation.
What supporting documents must you provide to the NEO?
If your worker remains stuck abroad for an extended period and you wish to resort to temporary unemployment for force majeure, certain supporting documents must be attached to the request submitted via the employer.
Private stay: evidence to provide
In the case of a private stay, the NEO requests in particular:
- A proof that the worker is actually staying abroad (for example, travel documents)
- The proof of the outbound and return flight
- The proof that the return flight has been cancelled
- A declaration on honour from the worker stating that they cannot return by another flight or another means of transport
The NEO specifies that an important condition must be met: the return must be impossible. If the return is only more difficult, but remains reasonably possible, force majeure will not be accepted.
Professional stay: additional documents
When your worker is stuck during a business trip, additional documents must be provided:
- A certificate from the employer confirming that it is a business trip
- A declaration on honour from the worker stating that they can no longer be occupied on site
- A declaration on honour confirming that no alternative work is possible, for example via telework
- A declaration on honour indicating that the worker is not receiving remuneration from the employer
What solutions can you consider?
If the conditions for temporary unemployment for force majeure are not met – or if you do not wish to resort to it – other solutions can be considered in consultation with your worker.
Temporary telework from abroad
If your worker's functions allow it, you can agree on occasional telework from abroad.
This solution avoids a suspension of the labour contract if the work can be performed normally from a distance.
However, telework is only possible if the working conditions allow it concretely and if the work can be effectively performed.
Learn more: «What is meant by occasional telework?»
Taking leave
You can also agree with your worker to take:
- Annual leave
- Recovery days
- Unpaid leave
These solutions require the agreement of both parties and can be adapted according to the duration of the impediment.
Leave for compelling reasons
In certain exceptional situations, your worker may also request leave for compelling reasons.
This type of leave is intended to address unforeseen events requiring the urgent intervention of the worker. It can be used in particular when an unforeseen situation prevents the worker from reaching their workplace.
Leave for compelling reasons has certain characteristics:
- It is limited to ten days per year per worker
- It is in principle unpaid, unless sectoral provisions or an agreement in the company
- The worker must inform you as soon as possible
This solution may be relevant when the impediment is short-term, for example when your worker can return quickly but with a few days delay.
Read more: «Leave for compelling reasons»
What does Securex do for you?
In the event of a worker stuck abroad, several questions may arise: qualification of the absence, payment of salary, recourse to temporary unemployment, etc.
Securex experts can help you to:
- Determine if it is a case of force majeure
- Check if temporary unemployment is possible
- Analyze solutions such as telework or leave
- Secure your HR management and payroll
For any further information or additional questions, do not hesitate to contact your Legal Advisor by email at myHR@securex.be
