Landing jobs: end-of-career time credit.
The time credit type of "landing job" is a form of career break in which the employee can fly his career plane peacefully toward retirement terminal from a certain age.
Certain workers are entitled to benefits when they take 1/5 or ½ landing jobs starting at age 55 (instead of 60). The social partners have extended this possibility through June 30, 2025, through a framework collective bargaining agreement No. 170.
What is a "landing strip"?
Landing jobs entitle employees to reduce working hours by 1/5 or up to ½. The part-time pay is supplemented in the process by benefits from the National Employment Service (NEO).
The main difference from regular time credit is that at the runway no maximum duration is. Consequently, the employee can continue to enjoy the formula until retirement.
When am I entitled to a "landing strip"?
Employees from 60 years of age are entitled under certain conditions without maximum duration (Article 8, §1 CLA No. 103):
- 1/5 landing job: in principle, this is taken up in two half days or 1 day per week, insofar as the employee is employed with a working arrangement spread over 5 working days;
- This period must be included per minimum period of 6 months.
- Half-time landing job: the employee's work performance is reduced to a half-time position.
- This period must be included per a minimum period of 3 months.
In certain cases, a 55-year-old employee can also appeal for a 1/5th or half-time landing job. This is the case, for example, in a heavy profession with a significant labor shortage, in bottleneck occupations and in companies undergoing restructuring or in difficulties (Article 8, §2-§5 CBA No. 103). This arrangement was extended through Framework CLA No. 170 until June 30, 2025.
To claim a landing job, the employee must meet a number of conditions (Article 10, §2 CLA No. 103):
- A age requirement: at the time of the start date of exercise of the runway (namely, being 60 or 55 years of age)
- A seniority of at least 24 months with the employer preceding the written notice;
- A career have at least 25 years as an employee at the time of written notification.
What is the framework collective bargaining agreement No. 170 about?
Since 2015, the age for claiming benefits for time credit end-of-career was raised from 55 years to 60 years. On May 30, 2023, the National Labor Council entered into a framework collective bargaining agreement No. 170 to raise the age limit for time credit end-of-career benefits. reduce to 55 years of age for employees with long careers, heavy occupations or from a company in difficulty or restructuring. This rule applies from July 1, 2023 to June 30, 2025.
Since this is a framework CBA, an additional CBA must be concluded at the industry level to set the age limit for benefits at 55. In the case of companies in difficulty or restructuring, they must conclude a company collective bargaining agreement.
CLA No. 170 creates a framework for two groups of workers:
(1) Workers with a time credit landing job after a long career or heavy occupation
The ability to apply for a time-credit landing job at age 55 within this category from July 1, 2023 to June 30, 2025, can when the following conditions are met:
- At the industry level, a collective bargaining agreement expressly referring to collective bargaining agreement No. 170 is being concluded;
- AND the employee must meet the following conditions at the time of the written statement to his employer:
- Professional career of 35 years (to be proved by employee);
- Or be employed
- For at least 5 years in a heavy occupation;
- or for at least 7 years in a heavy occupation;
- or for at least 20 years in an employment arrangement with night services;
- or by an employer within the construction company PC where the employee has a certificate issued by an occupational physician confirming the unfitness to continue the professional activity.
(2) Employees with time credit landing jobs in a company in difficulty or undergoing restructuring
The possibility of applying for a time credit landing job at the age of 55 within this category is possible in case the following conditions are met:
- At the company level, a collective bargaining agreement is concluded that explicitly refers to collective bargaining agreement No. 170;
- And it effectively concerns a company that has been recognized as being in difficulty or undergoing restructuring, whereby the starting date of the reduction in work performance must be in the period of recognition. The following conditions must be met cumulatively:
- Company demonstrate that the application for recognition is part of a restructuring plan and allows redundancies to be avoided;
- AND the company demonstrates in its application for recognition that the runway reduces the number of employees to the unemployment with company supplement system;
- AND the minister explicitly stated in the application for recognition that the conditions were met.
(3) No collective bargaining agreement was concluded
If no collective bargaining agreement has been concluded at the sector or company level with the application of framework CBA No. 170, a time credit landing job is only possible from the age of 60 as discussed above.
Finally, a special rule applies to enterprises belonging to inactive or unincorporated PCs where it is not possible to conclude a collective bargaining agreement. These enterprises can reduce age conditions by joining the National Labor Council's collective bargaining agreement.
Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.
