It’s a rather odd topic when temperatures are around 10 degrees above zero: the regulation is unworkable again.
Unworkable weather
The risk that work cannot be carried out due to weather conditions is a business risk. The costs must therefore be borne by the business owner. The government only steps in in extreme situations. In this regard, the Unworkable weather scheme. This scheme is administered by the UWV.
Waiting periods
With effect from 1 January 2020, in the event of frost, black ice and snowfall, there will be two waiting days per winter season (1 November to 31 March). In the event of heavy rainfall, the number of waiting days is 19 per calendar year.
During the waiting period, the employer must continue to pay employees’ wages as normal. Once the waiting period has expired, the obligation to continue paying wages ceases. Employees may then claim unemployment benefit.
PLEASE NOTE: if it subsequently transpires that the employee did in fact work or was present at one of the employer’s business premises, the exemption from the obligation to continue paying wages will lapse and the employee will not be entitled to unemployment benefit after all.
Report
Employers who wish to make use of the scheme for unworkable weather must notify the UWV. This must ALSO be done on waiting days (days not reported do not count as waiting days).
The notification, in the form of a digital form, must be received by the UWV before 10.00 am on the morning of the day on which the weather makes it impossible to work.
CLA
In order to be eligible for the ‘unworkable weather’ scheme, a provision must be included in the collective labour agreement with effect from 1 November 2020. The collective labour agreement therefore defines which weather conditions qualify as ‘unworkable weather’.