FHI RAO 2021 available for FHI members

We are now almost a month into 2021 and that means that changes have been implemented in the rights and obligations of employees and employers.

The Framework Employment Conditions Agreement (RAO) of FHI has been adapted to this latest legislation, so that you are fully up-to-date again. In contrast to last year, these are only minor changes.

Through FHI Extranet, Member Documents, FHI members can download the current version of the FHI RAO 2021. Of course, we advise you to read the entire document carefully, but to make it a little easier for you, we have also drawn up a short overview of the most important changes.

• A number of transitional provisions have expired
• The maximum amount of the transition payment has been increased to €84,000.
• A 'Prohibition on grounds of termination' has been added to the RAO (in accordance with the law).

We would also like to take this opportunity to highlight a number of other recent or upcoming changes.

• There will be no special corona leave. Employees can use the existing leave arrangements and/or make arrangements with the employer.
• There will be no statutory obligation to work from home. However, the bill 'Wet Werken waar je Wil' has been submitted. This bill aims to amend the Flexible Working Act. A request from the employee to adjust the workplace can then only be rejected by the employer if there are compelling business or service interests. This strengthens the employee's position to be able to work at another location.
• The fixed travel allowance – provided it was already awarded before March 13, 2020 – may be paid tax-free until April 1, 2021.
• Compensation for working from home can be provided tax-free via the – also in 2021 – extended exemption ('free space') in the work costs scheme.
• The planned austerity measures in the NOW have been reversed. There will be no reduction of the NOW scheme for the time being and the compensation will go to a maximum of 85% (instead of 80%) of the payroll.
• From 1 April 2021, shorter terms are intended for various topics concerning working AOW recipients. A term of six weeks will apply for (I) continued payment of wages in the event of illness (currently thirteen weeks), (II) the prohibition on termination in the event of illness, (III) the reintegration obligation in the event of dismissal due to illness and (IV) the right to Sickness Benefits Act benefits for AOW recipients in a fictitious employment relationship or whose employment contract ends on or shortly after the first day of incapacity.
• The regulation on the (introduced in the WAB) mandatory offer to on-call workers of a fixed-volume contract has been specified. It has been determined that the employer must make the offer in the 13th month of the on-call contract and that the employee must refuse/accept the offer no later than the 14th month. The starting date of the fixed number of hours is then no later than the first day of the 15th month.
• As of 1 January 2021, the Transitional Allowance Compensation for Business Termination by Small Employers will apply. This is a transitional allowance compensation scheme for small employers (fewer than 25 employees) who are terminating their business due to retirement or death. Applications can be submitted to the UWV. Under this scheme, the UWV will, under certain conditions, reimburse a transitional allowance paid by the employer, with a maximum of the statutory amount to which the employee was entitled after the end of the employment contract. Please note: The compensation scheme would also apply in the event of business termination by the small employer due to incapacity for work, but that scheme has been postponed for the time being.
• As of January 1, 2021, payrollers are entitled to an adequate pension scheme with the hiring company.
• As of 1 January 2021, the transitional law regarding the 30% scheme will expire. The maximum duration of the 30% scheme for expats will apply for a maximum of 5 years.
• The RVU, leave savings and amount bill was adopted in January 2021 and will enter into force retroactively as of 1 January 2021. The law provides for, among other things, a temporary exemption from the RVU levy (up to a certain amount), which enables early retirement for employees who are unable to reach the AOW retirement age while working.

For all your questions about the above – and all other employment law questions – FHI members can contact our permanent legal partner in the field of employment law directly: Lexsigma Advocaten (Lara Smeets / 020-8940700 / 06-12227744 / lara.smeets@lexsigma.nl).