In order to remain an extra-legal benefit for both the employer and for the employee, the eco voucher is subjected to several rules. Find out below the different subjects relating to its legislation.
Eco voucher: compulsory or not?
The granting of eco voucher in Belgium must be provided by a Collective or Individual Labour Agreement. This results from a decision from the employer
. There is therefore no obligation except in some Joint Committees. Do not hesitate to contact us to know if your JC is part of it.
Who is entitled to ecological vouchers?
Being established by a CLA concluded within the National Council of Labour, the green vouchers concern only employers and workers subjected to the Law of 5 December 1968
on Collective Labour Agreements and Joint Committees, namely those of the private sector.
Therefore, different categories of staff cannot receive this extra-legal benefit
, namely the staff:
- Hired in the public sector and in independent public companies;
- Subsidized by the State and occupied by subsidized free educational institutions;
- Hired under a LEA (Local Employment Agency) employment contract;
- Employed in vocational training centres under the employment or vocational training legislation of jobseekers.
Can I grant myself eco vouchers as business executive?
Under certain terms, it is now possible for independent business executives to grant themselves eco vouchers.
First of all, the number of allocated eco vouchers must be proportional to the number of days
during which he or she did perform work
. Some specificities:
- Days of inactivity between two periods of occupation must be taken into account, such as public holidays and weekends.
- In the event of an activity interruption, the number of eco vouchers granted is calculated taking into account the days for which remuneration was received.
He or she cannot receive more than one full-time employee in his company.
In addition, the independent business executive cannot grant himself eco vouchers without doing the same to his staff.
The legal form of the executive’s business must be explicitly a company. Therefore, small shopkeepers and liberal professions are excluded from this system.
Is the same amount granted to workers in part-time or full-time?
Neither the CLA No. 98 nor the Royal Decree governing the allocation of green vouchers indicate specific rules for part-time workers. The employer therefore retains the choice
of opting for a pro rata system of work services or for an identical amount between these different statuses of workers.
Can eco vouchers be allocated retroactively?
Although it is not recommended, the retroactive allocation of eco vouchers can be made only in case of rectification
Can I convert ecological vouchers in meal vouchers?
An adaptation of the legislation was published in the Belgian Official Journal on 10 February 2012 in order to allow the replacement of eco vouchers by meal vouchers
, and vice versa.
For the replacement to be made, the conversion has to be agreed at the signing of the Collective Labour Agreement governing this extra-legal benefit.
You cannot find an answer to your question about the legislation concerning the eco vouchers in Belgium? Contact us