Although it is forbidden to travel at least until 1er March, it is not impossible to dream or book your next vacation or even a more pleasant telecommuting place than your kitchen or dining room. Moreover, for those who want to combine the useful with the pleasant, Club Med has launched a new offer targeting teleworkers.
In practice, until April 2, 2021, it is possible to book (in agency only) a full month’s stay – your choice in Marrakech (Morocco), Cancún (Mexico), Punta Cana or Michès (Dominican Republic) – for the price of two weeks only.
“Only 3 hours by plane, the Marrakech resort is the ideal destination for those who have to telecommute and have not yet found their way back to the office,” said Club Med. Especially that this organization has set up a work hub in some of its villages. On the menu : coworking space, free wi-fi, sockets for workstations, etc.
“We are not pushing people to break the established rules as the first departures can only take place from March onwards.”
If the idea tempts you, note that it will obviously not be possible to leave Belgium before March. In fact, even if you really want to telecommute for a month from abroad, this trip can in no way be considered as an essential business trip under Belgian law.
“We are not pushing people to transgress the established rules, given that the first departures linked to this offer cannot take place at the earliest until March,” says Club Med.
Extended ban?
Please note, it is not impossible that the next Consultation Committee (February 26, 2021) decides to extend the travel ban beyond the 1er March. What if you have already made a reservation?
Competition
Club Med is not the only tour operator to offer offers that make it possible to combine teleworking and free time from a pleasant vacation spot, with the possibility or not of spending days off. This is also the case for Tui with its “Workation” concept. In this case, this tour operator offers destinations so much abroad (including nice tiny houses in Droomparken holiday complexes in the Netherlands) thatin Belgium.
According to Club Med, you will have the possibility of postponing your departure at the latest until 2 April 2021 at the most, provided of course that there are still places available. And if the travel ban should unfortunately continue until that date, you will have the possibility to postpone your stay free of charge to a later date until the day before departure.
Legislation
That said, you don’t necessarily need to go through this type of offer to telecommute outside your home. No matter the form, if that’s your intention, discuss it beforehand with your employer. Even if there is a chance that it will show flexibility (especially if you stay in Belgium), he could just as easily refuse you teleworking outside your home, given the administrative obligations which are incumbent upon him.
As a reminder, the social security and taxation applicable to an employment contract depend on the place of services. This means that, if you telework in Belgium, the applicable social and tax treatment will be Belgian. On the other hand, if you telework in Italy, it will be the Italian system.
Social security and taxation applicable to an employment contract depend on the place of service.
Do not lose hope, the legislator has fortunately provided for exemptions. For example, if you are telecommuting from abroad less than 183 days per year, you remain taxable in Belgium.
In regards to social Security, there are also solutions. Your employer may in particular opt for a secondment. This means that as a Belgian worker, you can work from abroad while remaining subject to the initial ONSS regime, namely the Belgian regime.
Be careful, if you plan to telecommute from Marrakech or Cancún (that is to say outside theEuropean Economic Area), you usually need to apply for a work permit beforehand (whether you are employed or self-employed).
In conclusion, if you plan to change your location to telecommute, do not make a decision without the prior consent of your employer. Especially that, if you are the victim of an accident during your working hours (for example in your second home in France), chances are that you are not covered by the workplace accident insurance company from your employer, because they will not have been informed of the change in situation.