Working while keeping the right to jobseeking allowances

Employees that have accepted a part-time job to avoid being unemployed can receive an allowance corresponding to the difference between the net income and the net allowance that would have been paid in case of unemployment.

An unemployed worker willing to have a freelance activity keeps the right to allowances for 3 to 9 years in case he/she fails.

To be allowed to continue a secondary activity (freelance or employee) while unemployed, 4 conditions must be met:

You must have performed this secondary activity during your employment period for at least 3 months before your application for allowances. This 3-month period is prolonged in case of any temporary unemployment period or sick leave.
Thus you are not allowed to start a secondary activity while unemployed (except for an unemployed worker of more than 50 years of age who benefit from the exemption for aged unemployed workers).

when you apply for allowances to your payment institution. You must answer "yes" to the question "exercez- vous une activité accessoire?" (do you have any secondary activity?) on form C1. You must also complete form C1A. It is very important to precisely answer the questions on both these forms. If you have an undeclared secondary activity, you will have to refund your allowances and you will be denied the right to allowances for several weeks. You may also be brought to a criminal court.

(Monday to Friday).
But you can perform your secondary activity between 7 a.m. and 6 p.m. on Sunday and any day(s) during which you are not usually performing your main occupation. In this case, you will be withheld your allowance for every Sunday or usual rest day during which you performed your secondary activity.

The following activities cannot be performed as other activities while unemployed (even if the other conditions are met):

• activity of an occupation that can be performed after 6 p.m. only (e.g. night watchman);
• activities prohibited by the law of April 6th, 1960 concerning the execution of building operations (for detailed information, please contact your payment institution);

activities:

• of an occupation in the hotel, restaurant and drinking establishment sector or show business;
• of hawker, salesman (door-to-door or market salesman);
• of insurance agent or broker.

For more information:
Office national de l’emploi (ONEM)
www.onem.fgov.be

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Note: This article only sums up the Belgian social legislation and its main characteristics. It shall not be considered as a comprehensive draft document.