Losing your job can happen to anyone. But what are your options in Belgium as a foreign national? Do the recent unemployment reforms make it harder to ask for support in case you are made jobless? Let's find out.
Well, if you have been working in Belgium and paying into the country's social security system, you will likely be eligible for benefits if you are made redundant. However, the exact allowance you are eligible for is subject to several conditions, many of which have changed in recent months.
This year, austerity measures imposed by the Federal Government are set to see thousands lose access to unemployment benefits. The Arizona government’s much-contested reforms notably imposed a two-year limit on benefits, a move intended to encourage recipients to step up their job searches.
The first twelve months of benefits are guaranteed under the new reform, while the second year varies depending on past working experience. The measures, which were passed in July of last year, are being implemented in several stages and has already begun to impact Belgians and foreign nationals alike.
Who is still eligible for unemployment benefits?
Federal Employment Minister David Clarinval (MR) indicated in October that as many as 57% of those projected to lose access to employment benefits were foreign nationals. It was later clarified that this figure also included dual nationals who were also Belgian citizens.
In any case, foreign nationals are subject to the same requirements as Belgian citizens when it comes to unemployment benefits. As long as they have a valid residence permit and a work permit, or are a citizen of the European Union, the same employment-related criteria applies.
As a general rule, you must have worked in Belgium for at least three months to be eligible. Applicants are also required to have worked for a set number of days within a "reference period", with the number also factoring in the age of the jobseeker.
For an individual under the age of 36, for example, this varies from 312 days in the 21 months before the application to 624 days within the previous 42 weeks. The next bracket covers individuals aged between 36 and 49, with the third category covering those over 50.
Time spent employed in other EU countries (or select 'neighbour' states in Eastern Europe and North Africa) can also count as part of the days worked, as long as that period is followed by at least three months of work in Belgium.
How do I collect unemployment benefits?
The ONEM, Office national de l'emploi, is responsible for coordinating unemployment benefits across the country. There are a number of forms to fill out as part of the initial request, all of which are available on the ONEM website.
You will also be required to register as a jobseeker at the regional level, at the latest eight days after filing a request. Actiris is the specific regional employment office within the Brussels-Capital Region, while the equivalent for Wallonia is the FOREM and Flanders is covered by the VDAB. While Actiris mainly deals with aiding job searches, the latter two also provide help with organising career training courses.
The next step is to sign up with one of the four Organismes de paiement (CAPAC, CGSLB, CSC, FGTB), which will submit your file with the various forms and documents to the ONEM's offices. Once the request is approved, they will then be responsible for paying out the allowance itself.
The first of these four organisations is a government office (Caisse auxiliaire de paiement des allocations de chômage) with branches across the country, while the other three are affiliated to various trade unions.
For those who are no longer eligible for unemployment benefits and do not have sufficient resources, the RIS, Revenu d'intégration sociale, provides another option. The CPAS, the social welfare centre, an institution with a branch in every commune of Belgium, is responsible for the payment of this benefit.
What if I am receiving severance pay?
The Belgian system does not allow you to claim unemployment benefits while you are receiving severance pay. However, you will still need to register as a jobseeker within two months after your redundancy. This will allow you to include this period in your future application for unemployment benefits, once you are no longer collecting severance pay.
The ONEM also has a specific allowance for workers who have lost their jobs due to the closure of their company.
Are foreign freelancers and independent workers still eligible for benefits?
The capital region provides an allowance for the first six months of freelance work, which is also subject to several conditions and is broken down as follows:
- €1250 the first month
- €1000 the second month
- €750 the third month
- €500 the fourth month
- €250 the fifth and sixth months
The ONEM states that jobseekers who undertake freelance work as a 'secondary activity' are also eligible for further benefits.
These can be accumulated along with their income for 12 months. Known as the Tremplin-indépendants, the "springboard for freelancers" is available under certain conditions. Notably, it cannot be collected if the recipient's freelance work becomes their main activity (or has been at any point in the previous six years).
