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From the 7th month of labour incapacity, minimum sickness benefits are higher for workers on standard contracts than for workers on non‑standard contracts.
After the first year of primary incapacity, people move to invalidity benefits.
In the event of sickness, unemployed people receive sickness benefits at the same level as their unemployment benefits during the first 6 months, except if these are higher than the sickness benefit calculated at 60% of their last (capped) wage.
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The self-employed have their own scheme: they receive flat-rate sickness benefits, at differing amounts according to their family situation: single, cohabitants with or without dependants.
Young helpers to the self‑employed,11 young people with student contracts, most young trainees in dual learning and vulnerable young people employed by accredited associations do not have access to sickness benefits.
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In May 2021, an agreement was reached to include doctors in training in the sickness insurance scheme: up to then, they had no access to sickness benefits.
During the Covid-19 crisis, from 1 March 2020 onwards, in case of incapacity for work for at least 8 days, the self-employed receive an extra crisis benefit on top of the normal sickness benefit, to ensure that their replacement income equals the level of the Covid‑19 monthly emergency bridging right for the self‑employed.
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Also, for employees, sickness benefits were increased to the level of temporary unemployment benefits.
1.3 Special ‘pandemic’ leave During the Covid-19 crisis, from 1 May to 30 September 2020, with the consent of their employer, employees could apply for special ‘corona’ paid parental leave (either half‑time or for one day per week; for parents with a child with disabilities and single parents also full time, since 1 July 2020).
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The measure was not continued after that period, but was replaced by the temporary unemployment arrangement, granted without the need for the employer’s consent to parents with children who are sick, have to stay in quarantine or whose school has had to close.
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The population targeted by the Corona parental leave are employees working full time or at least 75%, and who have been working (full-time or part-time, permanent or fixed-term) for their employer for at least one month, who are the parent of at least one child under 12 or one child with disabilities under 21.
Temporary agency workers could also apply if they had been employed by the temporary agency for at least one month.
11.
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11.
Young people who work as self‑employed and have their own social insurance, who are helping other self‑employed without being under a labour contract and for whom the self‑ employed person does not pay social security contributions.
For taxation purposes, they are treated as employees.
See Wat is een zelfstandig helper?
- Zelfstandigen in Vlaanderen.
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- Zelfstandigen in Vlaanderen.
12 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Anne Van Lancker Corona parental leave was granted as extra leave on top of the normal right to parental leave, and could be combined with normal parental leave.
The benefits were 25% higher than normal leave benefits and the application procedure was more flexible.
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Benefits were flat-rate with an increased amount for single parents (basic amount for 50% part-time for people under 50: €532.24, calculated as a pro rata of previous working time) and for parents with children with a disability (basic amount €861.03 for 50% part-time and €1,277.36 for full-time, calculated pro rata of previous working time).
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During the Covid‑19 crisis, self‑employed people who have to interrupt their activities to take care of their children due to the closing of schools and childcare, or quarantine or isolation of the child, can apply for a special new parental leave bridging right, a flat-rate benefit with increased amounts for single parents and parents with children with a disability; this measure is still in place.
The amounts differ according to the duration of the interruption and the contributions paid (e.g.
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an interruption of between 14 and 20 days for a mainly self‑employed person entitles them to €807.05) (Van Lancker and Cantillon 2021).
2.
Potential effect of these measures on non-standard workers and the self-employed Social security, in particular the temporary unemployment scheme for employees and the emergency bridging right for the self‑employed, generally absorbed the most immediate consequences of the Covid-19 crisis.
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Nevertheless, especially for lower paid workers, part‑time workers and workers who have remained in temporary unemployment for a long time, the decrease in monthly income has had a significant negative impact on the degree to which these households can make ends meet, certainly in the absence of a financial buffer (Cantillon et al.
2020; Horemans et al.
2020).
It is difficult to get a systematic picture of the situation of the self-employed.
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The Working Group on the Social Impact of Covid-1912 assumes that the (double) bridging right offers effective support to the income of the self- employed.
But the Management Committee for the Self-employed presumes that there has been considerable non‑take‑up of the measure.
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A COVIVAT13 study calculates that, given the structural inadequacy of minimum wages and minimum benefits, they were just sufficient to cover necessary and urgent expenditure during the lockdown period (necessary expenses and expenses that can be postponed for only a few weeks).
For singles, the minimum income is even insufficient to cover all ‘unavoidable expenses’ for food, housing and personal care (Cantillon et al.
2020; Marchal et al.
2020).
12. monitoring_covid_20210616_nl.pdf (belgium.be).
13.
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13.
COVIVAT is a Research consortium on income distribution and social effects of the Covid-19 crisis.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 13 Country chapter Belgium Although during the crisis, certain groups (such as performing artists and techni‑ cians in the cultural and events sector, sex workers registered as self‑employed or as employees, temporary agency workers with a labour contract with the user and who returned to work after the interruption) were granted access to the emer‑ gency measures; others (such as agency workers not under contract at the time of the crisis, platform workers, people in flexi-jobs, most sex workers not qualifying as regular employees or self‑employed, people in occasional work with interrupted contracts, self‑employed not earning enough to qualify for the bridging right and young people in dual learning or in different kinds of traineeships, or working on a student contract) still fell outside the emergency social protection measures.
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A special Covid‑19 report from the Federal Public Planning Service for Social Integration14 reveals a significant increase in the number of people applying for financial support from the Public Centres for Social Welfare (PCSW), other than the guaranteed minimum income.
The beneficiaries are people who were in work prior to the crisis, or who are receiving benefits that, due to higher expenses during the crisis, are insufficient to make ends meet.
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Although performers and the self‑employed were particularly hard hit during the Covid‑19 crisis, they are not amongst the new beneficiaries of financial support.
The Public Service for Social Integration suggests that they probably relied on their savings, or exhausted other social rights, such as those provided during the crisis, rather than asking the PCSW for help.
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Covid‑19 caused a considerable increase of work‑load for many couriers, but those who were unable to work as they had to remain in quarantine discovered that they were not covered by sickness insurance through their employer.
Instead, gig‑work platform Uber sees the couriers as self‑employed and pays only a small allowance from a special coronavirus aid initiative.
For couriers it is impossible to verify how the allowance is calculated, because the rules are not transparent and discretionary.
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Trade unions levelled similar charges against gig‑work platform Deliveroo, saying that the company puts insurance in place just to be able to respond to public opinion and journalists, and that in reality the insurance does not provide substantial coverage.15 3.
The role of national trade unions Belgian social partners traditionally play an important role in the design and the implementation of social policy.
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There are three main trade unions in Belgium: ACV/ CSC, a Christian trade union, ABVV/FGTB, a socialist trade union, and ACLVB/ CGSLB, a liberal trade union.
The National Labour Council (CNT-NAR) is one of the major social dialogue bodies, and consists of representatives of the representative trade unions and employers’ associations.
The main competence of the Labour 14.
Monitoring van de OCMW’s - vierde rapport sociale impact Covid-19 | POD Maatschappelijke Integratie (mi-is.be).
15.
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15.
Information retrieved from the websites: Over ons — United Freelancers; https://www.btb-abvv.be 14 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Anne Van Lancker Council is to advise the federal minister of labour and his/her services in the administration, including on the adaptation of social protection benefits to the evolution of welfare.
It also has the competence to conclude collective agreements.
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Every two years, the so‑called Group of Ten negotiates the interprofessional agreement on key labour conditions, on the basis of which sectoral collective agreements or agreements at company level are negotiated.
Belgium has a quasi‑ Ghent system, where the trade unions have an important responsibility in paying out (both regular and temporary) unemployment benefits.
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At the level of the regions and communities in Belgium, there are bipartite as well as tripartite consultative bodies to negotiate agreements and to advise social policy makers in the federated entities.
At federal level during the Covid‑19 crisis, the social partners have been involved in the elaboration of emergency measures via the Economic Risk Management Group (ERMG), created in March 2020.
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This group consists of experts, chairmen and ‑women of several institutions involved in Belgian (macro) economic policy.
The group provides advice to the Council of Ministers on the work-related side of the national crisis measures.
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During the crisis, the CNT agreed upon new national collective agreements (CA 147 & 148) regulating temporary unemployment for white collar workers in companies without an existing arrangement, and allowing companies and employees that normally cannot make use of the system to opt in.
The CNT also agreed to CA 149 on the organisation of telework in companies that had not adopted arrangements to implement the rules of CA 85 on telework or occasional work.
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It formulated opinions on legislative proposals to extend the scope of the temporary unemployment system and on the organisation of professional training for employees in temporary unemployment.
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The social partners have been informed by the government on most other work‑related crisis measures, such as suspension of regression of unemployment benefits, Covid-19 parental leave and bridging rights for the self‑employed (Eurofound 2020).16 At sectoral level, the social partners have helped to mitigate the consequences of the crisis by providing financial support.
In some sectors, additional premiums have been made available to personnel hard hit by temporary unemployment.
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In addition, the social partners have provided guidance to companies on Covid‑19 health and safety measures within their respective sectors, especially in the periods when locked down sectors have been allowed to open again.
The trade unions have played an important role in safety and monitoring, as they are represented on health and safety committees, which are mandatory in all companies with more than 50 employees, and also have their representatives who assume this role in smaller companies.
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The employers’ associations function also as a support and information point for their members, providing guidance on financial support measures (Van Herreweghe 2021).
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16. https://www.eurofound.europa.eu/data/covid-19-eu-policywatch/database Social protection of non-standard workers and the self-employed during the pandemic: country chapters 15 Country chapter Belgium For many years, trade unions have been fighting against bogus self-employment.17 At ABVV transport workers’ union BTB, a special service has recently been created to defend the interests of platform workers working as couriers in delivery services.
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ACV has started a new trade union department under the name ‘United Freelancers’ for self-employed people without staff (freelancers, one-person businesses or those who are self‑employed as a secondary occupation).
On the basis of the law on labour relations, both trade unions strongly insist that platform workers should be considered as employees, with full labour and social protection rights, and that the platforms should respect the rules on taxation and social contributions.
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Several court cases have been launched by the labour auditor, joined by the trade unions, against the claim of platforms that their workers should be considered as self‑employed, or as part of the so‑called ’share economy’.
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In April 2020, the Constitutional Court in Belgium, petitioned by employers’ organisations and trade unions, quashed the arrangement on additional tax‑ free income, introduced by the law of 18 July 2018 on economic recovery and social cohesion.18 That law made it possible for every person with a status of self‑ employed, employee, civil servant or pensioner, to earn up to 6,000 euros extra per year by performing activities for associations, or delivering occasional services between citizens or for officially recognized electronic platforms.
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The activities under this new ad hoc statute are exempt from application of general labour law (minimum payment, working time, duration and termination of contracts) and do not lead to acquired rights to social protection.
The payments are not subject to social security contributions or taxes.
Employers’ organisations and trade unions fear unlawful competition and undermining of the social protection system.
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In their request to the Constitutional Court to quash the law, the trade unions refer to several European and International labour law and social security regulations that also apply to the newly created ‘workers’.19 The Court ruled that the new arrangement in many aspects is in conflict with the constitutional principles of equality and non‑discrimination.
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Persons who perform the same activities, on the basis of the new arrangement on the one hand, or in their capacity of self‑ employed or employee on the other, are treated very differently with regard to labour law, the social security system and the tax system, without any serious justification.
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Since the quashing of the law can have adverse consequences for the workers concerned, the Court has maintained the consequences of the terms of the law until 31 December 2020, meaning that activities could still be delivered under the system until that date.
One year after the entry into force of the law on 17.
A situation in which an employer wrongfully treats a worker as an independent contractor and hides their true status as a salaried employee (ILO 2016).
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18. https://www.const-court.be/public/f/2020/2020-053f-info.pdf 19.
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The applicants refer to the following EU and international rules: the International Covenant on Economic, Social and Cultural Rights, the revised European Social Charter, the Charter of Fundamental Rights of the EU, Directive 89/391/EEC on health and safety of workers, Directive 91/533/EEC on the employer’s obligation to inform employees about conditions regarding labour contracts, Directive 97/81/EEC on part-time work, Directive 1999/70/ EEC on temporary work, Directive 2002/14/EEC on information and consultation of workers, Directive 2003/88/EEC on working time, Directive 2008/94/EEC on insolvency, Regulation 883/2004 on coordination of social security systems, Regulation 44/2001 on decisions in civil and trade affairs, ILO Conventions no.
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87, 98 and 189.
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16 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Anne Van Lancker economic recovery, the FPS Social Security coordinated an evaluation of the law by a number of administrations, public social security institutions and associations.20 The federal coalition agreement21 as well as the policy declaration of the Minister for Social Affairs,22 state that the new federal government will come up with proposals to ensure greater convergence of the social protection status of employees, civil servants and self‑employed by the end of 2021.
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They also promise better labour law and social protection of platform workers and to combat bogus self‑employment.
Therefore, in dialogue with the social partners and the sectors concerned, the federal government will evaluate and eventually adapt the law on labour relations.
A solution will also be sought to remedy the quashed law of 2018 on paid activities for associations.
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Further policy intentions concerning non- standard work are the possible creation of a statute for artists, evaluation of the social situation of sex workers, of childminders and informal care givers; these should bring solutions for complex problems related to their social protection.
All initiatives will be discussed through the social dialogue process.
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Meanwhile, a temporary law has been approved to ensure continuity of the arrangements in the quashed law, for activities performed for associations and for the regime of platform work.
By law of 24 December 2020, the federal government created a new statute for people performing activities in the sports sector, for remuneration that does not exceed €6,390 per year or €532.50 per month.
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Until 1 January 2021, these activities were exempt from social contributions and taxes; since then, a 10% tax and a 10% solidarity contribution are due by the associations.
The activities do not generate social security entitlement.
On 7 May 2021, this arrangement was extended to also cover some activities in the cultural and socio‑ cultural sector.
For sport activities, the maximum monthly remuneration was increased to €1,065.
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This decision led to fierce reactions from the trade unions, who refer to the unanimous rejection of such statutes by the National Council of Labour and predict that the new arrangement will give rise to the same legal objections as its predecessor.
‘The social partners are aware of the special needs in the sector of sports, culture and socio‑cultural activities’, says Chris Serroyen, head of the study department at ACV.
‘We have continuously stated that, together, we are ready to search for solutions.
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But certainly not by creating an inferior statute that undermines labour and social protection’.23 20.
SPF Sécurité Sociale – Evaluation de la loi du 18 juillet 2018 relative à la relance économique et au renforcement de la cohésion sociale (phase 2) – accessed at https://ln2.sync.com/dl/48129d500/twvprfgx-s4zanjhj-kziapczf-k86y773h/view/ doc/11085336020008 21.
Federaal regeerakkoord 30 September 2020, p. 43.
22.
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22.
Belgische Kamer van Volksvertegenwoordigers, Algemene beleidsnota Sociale Zaken, 20 November 2020, Doc 55 1580/003.
23.
ACV persmededeling, De regering zadelt de werknemers op met nog meer onzekerheid, Brussels 14 May 2021.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 17 Country chapter Belgium Recently, as announced in the federal coalition agreement, the Minister of Employment requested the opinion of the National Labour Council on possible adaptations of the law on labour relations, concerning labour and social security protection for platform workers.24 4.
Future perspectives In November 2020, a report (Van Limberghen et al.
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2020) was published, containing an extensive analysis of the Belgian social security system, tested against the criteria of the Council Recommendation.
The report analyses the gaps in sectors of the Belgian social security system in terms of formal coverage, effective coverage, adequacy and transparency and presents ideas for improvement.
The recommendations address the system for employees as well as that for self‑employed.
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The legal experts recommend that all workers who deliver paid work under the authority of a person, even if according to Belgian law this is not considered work as an employee, should be subject to mandatory affiliation to the social protection system for all social risks.
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For workers with only ‘incidental’ or occasional activities,25 affiliation should be compulsory for the sectors of sickness insurance, work accidents and professional diseases, possibly with an option to opt into the other sectors of social protection.
This would solve the problems of people who now only have partial social rights under the social protection system.
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However, the study does not take into account the effects of the pandemic on people’s social situation, nor on the social protection system, nor does it evaluate the social protection measures taken to counter the crisis.
On 8 March 2021, the Minister for Social Affairs requested the opinion of the National Council for Labour on the implementation of the Council Recommendation.
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In its opinion, the Council26 regrets not having been informed earlier about the analysis of the legal experts, and thus not having had the chance to thoroughly discuss the proposals put forward by them.
It also regrets that it had to give its opinion without knowing the content of the draft national plan, and formulates the hope to be consulted again in the social dialogue process, once the national plan is published.
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It sees the proposals put forward by the experts as a solid basis for further discussion, provided they are accompanied by an assessment of the developments since the Covid-19 crisis.
It requests a budgetary exercise on the concrete proposals in the study that aim to improve the social protection system, to assess their financial viability.
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The Council finds that workers in non- standard contracts have been the hardest hit during the health crisis and urges the government to prioritise initiatives to improve their social protection in the national plan.
It asks for special attention to be paid to the situation of single parents and to measures to improve social protection of newcomers to the labour 24.
NAR, Adviesaanvraag in verband met de wetgeving betreffende de aard van de arbeidsrelaties en het werk via platformen, Brussels 6 April 2021.
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25.
Activities for very short periods or a restricted number of hours, or that are paid at limited remuneration, non‑professional activities or paid voluntary work.
26.
Nationale Arbeidsraad, advies n° 2216, Brussels 5 May 2021.
18 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Anne Van Lancker market.
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On platform work, the Council refers to its earlier unanimous opinion,27 rejecting the creation of a new labour law regime, in-between the statute of regular work and voluntary work, with fewer rights in labour law and in social protection.
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It is of the opinion that it is preferable to find specific solutions adapted to certain sectors of social protection and to certain activities within the scope of the law on social protection of employees, rather than to create an in‑between statute that would disrupt the socio‑economic balance and that would be problematic from a legal viewpoint (here it refers to the case made by the Constitutional Court).
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In May 2019, the Management Committee for the Self-employed had formulated an initial opinion28 on the Council Recommendation, insisting that social protection must continue to be organised according to the needs of both employees and the self‑employed, and that improvements should be in line with these needs.
It opposes the idea of full portability of rights and contributions, suggested by the Recommendation.
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In line with these general principles, the Committee states that it is not in favour of introducing compulsory affiliation of the self-employed to the accident‑at‑work and professional diseases or unemployment schemes, as it considers these risks to be sufficiently covered by the health insurance and bridging rights.
However, it is in favour of improvements regarding the adequacy of pensions and sickness benefits.
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In reply to the request for an opinion29 on the implementation of the Council Recommendation by the Minister,30 the General Management Committee for the Self-employed focuses on the following issues, quoted as priorities for policy measures in the federal coalition agreement and relevant to the Council Recommendation: pensions, maternity and paternity leave, increase of minimum benefits and replacement rates, automatic granting of social rights31 and reintegration into the labour market of beneficiaries of social protection.
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On platform work, in the Committee’s opinion, it is not easy to judge if a platform worker should fall under the rules that apply to the self‑employed or those for employees.
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The draft national plan, presented on 12 May in the Council of Ministers, focusses on the issues that were already identified in the federal coalition agreement: improvement of the social statute of performing artists, improved social protection of sex workers, childminders and informal care givers, and reclassification of the labour relations of people working as professional platform workers, together with an evaluation of the special regime of bridging rights for the self‑employed during Covid‑19.
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These are all seen as measures to ensure better formal coverage of social protection.
To improve the effectiveness of coverage, longer paternal leave and measures to reform the pension systems are proposed.
To improve adequacy, minima in different areas of social protection and the ceiling for the calculation of benefits will be gradually increased.
In dialogue with the social 27.
Nationale Arbeidsraad, advies 2181, Brussels 27 October 2020; advies 2189, Brussels 15 December 2020.
28.
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28.
ABCCG advies 2019/08, Brussels 23/5/2019.
29.
ABCCG, advies 2021/08, Brussels 19 april 2021.
30.
Minister David Clarinval, responsible for self-employment, SMEs, agriculture, institutional reform and democratic renewal.
31.
Social rights granted on the basis of information that is known by the administrations, such as social status or income.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 19 Country chapter Belgium partners, sustainable financing of the social protection system will be discussed and the exemptions to contributions will be evaluated.
The impact of the legal status of ‘cohabitant’ that determines the duration and amounts of several social benefits will be assessed.
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To improve transparency, the plan proposed further administrative simplification, development of online accounts and calculation instruments, and automatic granting of rights to benefits.
The plan commits to a strong dialogue with social partners on all measures taken to implement the plan, on any measures decided during this legislature and on longer term discussions about the future of social protection.
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On the latter, new forms of participatory involvement of civil society will be explored in addition to the social dialogue, to increase the impact of reform proposals.
Conclusions Social protection in Belgium generally covers the more traditional forms of non‑ standard work, such as part-time work and fixed term work, or temporary agency work, under conditions that are mostly comparable and proportionate to those for standard workers.
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Although the self‑employed have their own system of social protection that still shows considerable differences with that of employees, consecutive governments have taken measures to ensure greater convergence between the systems.
During the Covid‑19 crisis, additional measures have been taken to better protect workers against the consequences of the crisis, including for a number of workers on non‑standard contracts.
However, many workers remained in limbo or without protection.
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Crisis measures such as temporary unemployment benefits for employees and bridging rights for the self-employed cushioned the effects of the crisis.
But workers in part-time jobs, or with low wages, faced severe income loss.
Most of the measures did not reach people in the new forms of non-standard work, such as platform workers, people in flexi-jobs or in the share economy.
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Trade unions have taken strong positions and social action to defend the labour and social rights of these new forms of non‑standard work.
Especially since the law on the share economy was quashed by the Constitutional Court, the debate has become more intense.
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The national plan to implement the Council Recommendation intends to fill some of the gaps in social protection of non‑standard workers, mainly focussing on policy measures contained in the new government coalition agreement, including improving social protection for performing artists, sex workers, childminders, informal caregivers and also platform workers, and extending social rights for the self-employed.
Specific proposals will still have to be discussed in the social dialogue process.
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20 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Anne Van Lancker References Cantillon B., Marchal S., Peeters N., Penne T. and Storms B.
(2020) Huishoudbudgetten en sociale minima in lockdown, CSB-Bericht 2020/04, Antwerp, Universiteit of Antwerp, Herman Deleeck Centre for Social Policy.
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Capeau B., Decoster A., Vanderkelen J. and Van Houtven S. (2021) De impact van de Covid-19 schok voor loon- en weddetrekkenden in 2020, Beleidsnota 9, Leuven, COVIVAT.
De Wilde M., Hermans K. and Cantillon B.
(2020) Meer vragen om hulp bij OCMW’s en voedselbanken: eerste resultaten van een grootschalige bevraging, Beleidsnota 1, Leuven, COVIVAT.
Eurofound (2020) COVID-19 EU PolicyWatch, Database of national-level responses.
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https://static.eurofound.europa.eu/covid19db/index.html Horemans J., Kuypers S., Marchal S. and Marx I.
(2020) De kwetsbare werkende.
Een profielschets van armoede en financiële bestaanszekerheid bij werkende Belgen, Beleidsnota 4, Leuven, COVIVAT.
ILO (2016) Non-standard employment around the world: understanding challenges, shaping prospects, Geneva, ILO.
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Lens D., Marx I. and Mussche N. (2020) De initiële effecten van de Covid-19 pandemie op de Belgische arbeidsmarkt –opkomende ongelijkheden, Beleidsnota 6, Leuven, COVIVAT.
Marchal S., Penne T. and Storms B.
(2020) De doeltreffendheid van ons sociaal vangnet in corona tijden, Beleidsnota 5, Leuven, COVIVAT.
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Marchal S., Vanderkelen J., Cantillon B., Decancq K., Decoster A., Kuypers S., Marx I., Spinnewijn J., Van Lancker W., Van Meensel L. and Verbist G. (2021) The distributional impact of the Covid-19 shock on household incomes in Belgium, Working Paper 2, Leuven, COVIVAT.
POD Maatschappelijke Integratie (2020) Enquête impact social Covid-19, Brussels, POD Maatschappelijke Integratie.
Spasova S., Ghailani D., Sabato S., Coster S., Fronteddu B. and Vanhercke B.
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(2021) Non-standard workers and the self-employed in the EU: social protection during the Covid-19 pandemic, Report 2021.02, Brussels, ETUI.
Van Herreweghe D. (2021) Industrial relations and social dialogue.
Belgium: working life in the Covid-19 pandemic 2020, Dublin, Eurofound.
Van Lancker A.
(2021) ESPN thematic report: access to social protection for young people – Belgium, Luxembourg, Publications Office of the European Union.
Van Lancker A. and Cantillon B.
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Van Lancker A. and Cantillon B.
(2021) ESPN thematic report: social protection and inclusion policy responses to the Covid-19 crisis – Belgium, Luxembourg, Publications Office of the European Union.
Van Limberghen G., Bertrand O., Dumont D., Fontaine M., Tojerow I., Cantillon B., Louckx F., Delanghe H., Hermans K., Louckx F., Marchal S. (2020) L'accès des travailleurs salariés et indépendants à la sécurité sociale en Belgique, Brussels, Service Public Fédéral Sécurité sociale.
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Working Group Social Impact Corona Crisis (2021) Monitoring van de gevolgen van Covid-19 op de werkgelegenheid en de sociale bescherming in België, Monitoring van de sociale impact van de Covid-19-crisis in België, Brussels, Federale Overheidsdienst - Sociale Zekerheid.
https://socialsecurity.belgium.be/nl/sociaal-beleid-mee-vorm-geven/sociale- impact-covid-19 All links were checked on 09.09.2021.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 21 Country chapter Belgium Country chapter France Michel Legros EHESP-ESPN Team With contributions from Gilles Huteau (EHESP) and Claude Martin (EHESP-CNRS) Introduction Starting in mid-March 2020 and lasting 55 days, during which the health system was pushed to its limits, the first lockdown brought France to a halt.
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This first lockdown, which ran from 17 March to 11 May 2020, was followed by a second from 30 October to 15 December.
A third lockdown, less strict in terms of restrictions, was implemented from 3 April to 19 May 2021.
In his address of 12 July 2021, the French President announced a set of measures to intensify the vaccination campaign and prevent a fourth wave of the pandemic (Annex 1).
The research covers a time period running from March 2020 to 1 June 2021.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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From the start of the first lockdown, projects to reform the unemployment system and pensions, to pursue the ecological transition, and to reduce deficits were all postponed to deal with the pandemic, which by the end of that period had caused 30,000 deaths.
For people living in precarious situations, the shock was immense: breaches of trial work periods multiplied by 2.5.
The number of short‑ term contracts terminated increased by over 27%.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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In June 2020, the epidemic seemed to be under control and lockdown was lifted.
One year later, as the country emerges from a third, more open, ‘looser’ lockdown than the first, the figure of 109,000 deaths from Covid‑19 has been reached.
Despite the health crisis and three successive lockdowns, at the end of the first quarter of 2021 unemployment figures had not risen sharply, but had instead stagnated at a high level of about 6.4 million people.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The number of jobseekers immediately available for work, which in France corresponds to category A, amounted to 3.6 million people, which is 8.1% of the active population.
No hunger riots or roundabout sit‑ins have taken place to paralyse the convalescent economic recovery.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The health system has proved highly resilient, companies have developed new ways of working, and in particular, public authorities mobilised 158 billion euros in 2020, which is almost 7% of the country’s GDP for that year, and 171 billion in 2021, and estimate that it will take another 56 billion in 2021.
While almost 4.5 million people were in non‑salaried employment in the early 1970s, by the early 2000s in mainland France this figure had dropped to about 2.25 million people.
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Social Protection Jobs and Economic inclusion
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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It then began to rise, initially only slightly starting from 2004, and then more sharply with the creation of the autoentrepreneur status in 2009, to reach 3 million people at the end of 2019 (HCFiPS 2020).
The share of non‑ salaried unemployment in total employment was 9% at the end of 2019 (INSEE 2021).
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Social Protection Jobs and Economic inclusion
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 23 During the pandemic, NSW/SE1 could take advantage of different types of support, some but not all of which were the same as for workers in standard employment: - - ‑ benefits and services, based on contributions or not, under the standard social protection scheme: health insurance, family benefits, which were often adapted to pandemic‑related situations; specific pandemic measures: furlough, mainly for employees, and the Fonds de solidarité [solidarity fund] created for self‑employed people; social security safety nets: revenu de solidarité active (RSA) [active solidarity income] for all people, and allocation de solidarité spécifique (ASS) [specific solidarity allowance] for jobseekers.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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As the pandemic progressed, measures were created, modified and extended.
The situation was very different during the first lockdown (15 March to 11 May 2020), when all activity was considerably reduced, than during the following lockdowns, which featured a return to economic activity apart from some sectors (especially the hospitality industry).
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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While most of the measures concerned standard workers, from the start of the health crisis measures were set up for specific groups of non‑standard workers, for example for people employed in the entertainment industry, and extended to other types of workers in sectors like hospitality and transport.
In this aspect, the situation in France was similar to that of other European countries (Eurofound 2021).
However, this development corroborates earlier studies.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Without explicitly referring to the Council Recommendation on access to social protection for workers and the self‑employed 2019, the issue of self-employed workers has been the object of numerous studies and reports, all of which, in particular given the influence of platforms, recommend regulating the development of these forms of work.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The pandemic followed a period of high tension that commenced in 2017 and saw clashes between national unions and the government on the pensions reform, the status of railway workers and employment insurance.
The health crisis has mainly involved more frequent, calmer exchanges between the government and trade unions.
However, although the unions are more regularly informed and consulted, their interventions remain marginal, and a long way from joint piloting of public action.
1.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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1.
For the purposes of this chapter, we use the following definitions of different types of employment (ILO 2016): Standard employees i.e.
full-time open-ended contracts; non- standard workers i.e.
contractual employment outside of full‑time open‑ended contracts (e.g.
part‑time, temporary contracts, zero‑hour, seasonal workers etc.
); self‑employment, i.e.
people working for their own account.
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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people working for their own account.
However, it should be noted that the distinction between non‑standard workers and the self‑employed is not particularly clear in the French system, which makes more of a legal distinction between self‑employed workers, i.e.
those with no employment contract whose self‑employment is gauged solely by their absence of subordination, and workers subject to an employment contract, whatever the organisation, duration, or remuneration provided for in that contract.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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While statistical data indicate that 3.0 million people have self‑employed status, we do not have any overall data on non‑ standard forms of work.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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24 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros This chapter provides a concise presentation of the main measures implemented during the pandemic, mainly aimed at self‑employed people and precarious non‑ standard workers (Section 1); it questions the potential impacts of these measures in the short and longer terms (Section 2); recalls the role of trade unions (Section 3); and looks at the perspectives opened up by reforms and adaptations implemented during the pandemic (Section 4).
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The lack of available data concerning the impact of measures on different professional statuses illustrates either an ambition to gener‑ alise benefits that are as universal possible, or France’s ‘lower’ interest in these pro‑ fessional statuses, which are a much smaller population than ’standard’ employees.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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The job retention scheme, which was the key measure implemented by public authorities to preserve employment, along with state‑guaranteed loans, reductions and deferrals of social security contributions, free Covid‑19 tests and vaccinations, contributed to maintaining economic activity.
These measures do not come under the scope of this chapter.
This collective intervention has clearly had an impact on maintaining, even improving, the situation of NSW/SE.
1.
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Financial inclusion
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232387505.pdf
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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