When an employee is called to serve on a Belgium criminal court jury, employers face specific legal obligations regarding work absences, salary maintenance, and potential state reimbursements, according to guidelines outlined by Securex and analyzed by DHL Express HR Legal Senior Manager M. Kersten in January 2024.
Jury Service and Petit Chômage Rules in Belgium
According to Belgian regulations governed by the Royal Decree of August 28, 1963, and the Employment Contracts Act of July 3, 1978, employees summoned for jury duty, court witness testimony, or personal court appearances mandated by a labor jurisdiction are legally entitled to be absent from work. For the first five days of this civic obligation, the absence qualifies as “petit chômage” (small unemployment), and employers must pay the worker’s normal salary. Employers cannot prevent an employee from answering a judicial summons, as civic duties override standard company availability.
Employment Contract Suspension After Five Days
If an assize court trial extends beyond five days, absences starting from the sixth day no longer qualify as petit chômage, according to Securex. At this point, the employment contract is suspended due to force majeure. Despite this suspension, these extended absence days are legally assimilated as effective working days, meaning they continue to accrue annual vacation rights for the employee.
Employer Reimbursement and Compensation Mechanics
Employers are not legally required to continue paying wages after the fifth day of trial, but Securex advises that maintaining compensation prevents the worker from facing temporary income loss. If an employer continues to pay wages past day five, they can request financial reimbursement from the Belgian State. To secure this indemnity, employers must submit required paperwork, including the employee’s pay slip and an attendance certificate, to the competent state service.
According to official guidelines, the state indemnity covers the worker’s gross daily salary plus corresponding employer social security contributions, holiday pay, and end-of-year bonuses, though extralegal benefits are excluded. The daily indemnity is calculated based on either 1/20th of the monthly salary or 8 times the gross hourly salary. Separately, jurors can claim official allowances for their court summons, participation, and travel expenses directly from the president of the assize court.
Requesting Workplace Exemptions for Employees
While employers cannot block a worker from serving, employees can request a dispensation from the assize court president by citing serious personal reasons, such as running a small business, an imminent spouse or partner delivery, or caring for a seriously ill family member. Furthermore, if enterprise necessities require it, employers can issue a formal certificate stating that the employee’s presence is indispensable during that period. However, Securex notes that this document does not automatically exempt the worker; the court president retains sole authority to evaluate the motive and grant a formal waiver or postponement.
Worth a look