Measures for self-employed individuals affected by the coronavirus crisis
Are you sick yourself?
The purpose of legal protection insurance is to help you defendyour interests when an event has led to a situation where you have suffered or caused damage. In short, it allows you to practice your profession without any worries. But how is this possible?
At RGF, we believe that your profession deservesindependent and exclusive legal protection, so we have developed an unbeatable offer that gives you the most comprehensive legal protection in Belgium.
What's more, the world is changing, and your insurance policies need to evolve and adapt to your needs too!
E-Reputation
For example, you will be covered for all risks that may affect your reputation and e-reputation. You will therefore have a means of recourse if you are defamed on social media or if one of your colleagues acts in conflict with your interests.
Here is anexamplethat will help you understand in detail the advantage of having legal protection insurance:
Our insured is a pulmonologist at a hospital and heads the pulmonology department. He is bound by a contract with this hospital.
Following disagreements with the hospital regarding the methods it used to treat its patients, our insured noticed that the hospital was diverting his patients to other doctors at the hospital.
He also accuses the hospital of making insulting and defamatory remarks about him.
Our insured therefore took the hospital to court on the basis of contractual liability: breach of the contract between them and extra-contractual liability for defamatory remarks, but also before the National Joint Commission for Doctors and Hospitals for breach of hospital law.
A complaint was also filed with the medical association, as the hospital had violated the provisions of the medical code of ethics.
This case involves contractual and non-contractual liability, as well as disciplinary issues and online reputation (patient diversion).
Cost for the doctor without legal protection: €18,000
Cost for the doctor with legal protection: €0
The importance of having legal protection is that you are covered for any disputes included in your package. It also guarantees you independent legal assistance, which means no one will take sides. This will save you from spending large sums of money unnecessarily.
For more information, please contact us. One of our advisors will be happy to answer your questions and provide you with objective advice on your future choices.
Are you sick yourself?
In this case, you are unable to work and are entitled to benefits from your health insurance provider from the first day. The condition is that you must be ill for at least eight days.
Contact your doctor as soon as possible. The allowance will be paid at the earliest from the date on which your doctor certifies your incapacity for work.
Do you have guaranteed income insurance? This normally comes into effect according to the general terms and conditions of the contract.
Is your income decreasing, or are you no longer able to work as a freelancer?
For example, have you been in contact with someone who is infected, or do you have to remain in quarantine for another reason? Are you stuck abroad and therefore unable to continue your self-employed activity? Or is your number of customers declining? If so, you can count on one of these measures:
Deferral of social security contributions
You can request a deferral of payment for the first two quarters of 2020.
To do so, submit your request for deferral of payment before June 15, 2020, and you will be eligible for a one-year deferral of your contributions.
Temporary reduction in social security contributions
Are your current earnings lower than the provisional basis for calculating your social security contributions? If so, you can request a reduction in your social security contributions. In this case, you must demonstrate that you are suffering the consequences of the coronavirus and that your estimated professional income is below one of the legal thresholds.
PLEASE NOTE: Before reducing or suspending your social security contributions, we advise you to contact your accountant. In some cases, adjusting your social security contributions could have negative consequences in future years.
Request for exemption from contributions
If, as a self-employed person, you are experiencing temporary financial difficulties, you can apply for an exemption from social security contributions. To do so, wait until you receive the statement for the second quarter and submit a single application for the first two quarters.
Bridge law
For March and April 2020, the following temporary crisis measures will apply to self-employed workers under the third pillar of the bridging right:
- Self-employed workers whose activities are listed in the ministerial decree of March 13, 2020, on urgent measures to limit the spread of the COVID-19 coronavirus are automatically entitled to the transitional allowance for the months of March and April 2020. It does not matter whether the interruption is total or partial. There is no minimum duration of interruption required for these self-employed workers.
- Self-employed workers whose activities are not listed in the aforementioned ministerial decree are eligible for full financial benefits for the months of March and April 2020, provided that they had to interrupt their activity for at least seven consecutive calendar days during each of these months due to the COVID-19 coronavirus. The interruption must be total.
In this case, a formal declaration on the honor of the self-employed worker will suffice.
The monthly benefit amounts to €1,291.69 without dependents and €1,614.10 with dependents.
Lump-sum compensation
The Walloon Government has therefore decided to grant a one-off lump-sum compensation payment to businesses directly and indirectly affected by the decisions of the National Security Council (CNS) and meeting the definition of micro-enterprises and small businesses:
- EUR 5,000 per business that has been completely closed or shut down as a result of decisions adopted by the CNS and that is part of the following sectors: catering, accommodation, travel agency activities, retail trade.
- EUR 2,500 per personal services company – hairdressers.
An online platform will be available on March 27, 2020. Payments will begin in April.
Temporary unemployment
If, due to the coronavirus, you are no longer able to employ your staff, you can place them on temporary unemployment, subject to certain formalities. These formalities can also be completed by your social secretariat, acting as your representative.
During this period, workers are generally entitled to receive benefits from the ONEM.
What type of temporary unemployment?
Depending on your company's situation, there are two types of temporary unemployment that you may be able to use for your employees:
- temporary unemployment due to force majeure.
- temporary unemployment for economic reasons.
Temporary unemployment due to force majeure
Force majeure refers to a sudden, unforeseeable event beyond the control of the parties that makes the performance of the contract temporarily and completely impossible.
In certain situations, the coronavirus may lead to temporary unemployment being recognized as force majeure.
Workers who are temporarily unemployed due to force majeure are exempt from the waiting period, meaning that they are immediately entitled to benefits without having to prove a certain number of days of paid or equivalent work.
Temporary unemployment for economic reasons
An employer who is temporarily unable to provide work for their employees due to a substantial decrease in turnover, production, customer base, or number of orders as a result of the coronavirus may, under certain conditions, resort to the temporary unemployment system for economic reasons.
