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BTP bad weather leave. : conditions and compensation

What are building and public works bad weather leave?

Building companies must join a BTP bad weather leave fund to be reimbursed for compensation paid to employees placed on leave due to bad weather. An employer can indeed decide to put an employee on leave due to bad weather which makes it impossible to continue the work.

Atmospheric conditions and floods are considered to be bad weather when they actually make the performance of the work dangerous or impossible with regard to either the health or safety of the employees or the nature or technique of the work to be performed. Thus, it may be snow, storms or flooding that make it impossible or dangerous to continue working.

The employer must inform the employee of the date of resumption of work by a notice posted at the head office or at the office of the company or at the entrance to the site.

To note: during bad weather leave, the employee must remain at the disposal of his employer and cannot refuse to carry out replacement work. He cannot be dismissed during this period except in cases of serious misconduct. On the other hand, the employee can resign during bad weather leave.

Conditions for granting construction bad weather leave

BTP bad weather leave is granted to an employee who justifies:

  • have completed 200 hours of work during the two months preceding the leave in one or more construction companies;
  • having been present on the site when the bad weather caused the interruption of the site. Employees absent without justification cannot benefit from bad weather leave. On the other hand, employees whose absence is justified (illness, accident at work, leave, etc.) can benefit from bad weather leave.

To note: it is up to the employer or his representative on the site to decide to put his employees on leave for bad weather after consultation with the social and economic committee (CSE).

BTP bad weather leave: compensation

The employee’s compensation begins after a waiting period set at 1 hour for the same week or for a continuous period if the leave lasts more than one week. This compensation is limited to 9 hours per day, 45 hours per week and 55 days per year. The indemnity paid to the employee is calculated on the basis of the hourly wage received by the employee on the eve of the interruption of work, limited to the Social Security ceiling increased by 20%.

It is equal to three quarters of the hourly wage used, multiplied by the number of compensable hours, i.e.:

Compensation = number of compensable hours x (reference hourly wage x 75%)

In principle, it is the company that pays the compensation to the employee. The employer can then have the allowances reimbursed by the bad weather leave fund to which it contributes. The allowance is exempt from social security contributions but is subject to income tax.

To note: the employer must complete a declaration of stoppage for bad weather to be sent to the bad weather leave fund within 30 days of the resumption of work. Each stoppage period must be declared.

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