Employment plan for employees aged ≥45s

Don't forget the employment plan for employees aged ≥45

SD Worx Knowledge Centre

Source

CLA No. 104 of 27 June 2012 on the implementation of an employment plan for older employees in the company

All companies with more than 20 employees must draw up an employment plan for employees aged ≥45. The plan sets out measures put in place by the company to retain or increase the employment of employees aged 45 and above.

In addition, the company must also draw up an evaluation of the previous plan.

Principle

The company may draw up this plan annually or over a period of several years.

If the company had already drawn up an annual employment plan, it must draw up a new plan.

Naturally, companies that have a multi-year plan do not need to draw up a new one. However, they must report on the progress of the employment plan (see below).

Employment rate plan

Employers must submit the plan to:

• the Works Council; • the trade union delegation if there is no works council; • the Committee for Prevention and Protection at Work; • employees if there is no CPPW.

If there is a works council in the company, the employer submits the plan as part of the annual employment rate information. This takes place:

• within three months of the end of the year of service (financial year).

The accounting year of a business often corresponds to the calendar year. In that case, the information will therefore have to be given to the Works Council by the end of March at the latest; or • before the general meeting at which the shareholders approve the annual accounts.

This meeting must take place within six months of the end of the financial year.

If the financial year coincides with the calendar year, this must be done by June at the latest. In this case, the aforementioned period of three months may be exceeded.

In addition to an obligation to provide information, companies with a trade union delegation and/or a consultative body also have an obligation to consult the employee representatives about the content of the plan.

Evaluation

The new draft employment plan should also include an evaluation of the previous employment plan.

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At the end of the employment plan, the employer must inform the employee representatives or the employees themselves of the results of the measures taken in the past year.

In addition, in the event that the company has drawn up an employment plan for several years, the progress of the plan must be evaluated annually and information provided.

This evaluation takes place:

• within three months of the end of the year of service (financial year); or • before the general meeting at which the shareholders approve the annual accounts.

Consequences for the employer

Companies that have concluded an annual employment plan for the employees aged ≥45 must draw up a new plan.

The new draft employment plan should also include an evaluation of the previous employment plan.

Naturally, companies that have a multi-year plan do not need to draw up a new one. However, they must report on the progress of the employment plan.

SD Worx Social/Legal News March 2022 Page 43