Update COVID-19 and cross-border employment: agreements with the Netherlands and Luxembourg extended

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As mentioned in our newsflash of 29 June 2020 all agreements which implement a mutual “force majeure tolerance” for cross-border workers in relation to COVID-19 (travel) restrictions concluded between Belgian and its neighbouring countries (France, Germany, Luxembourg and the Netherlands) were extended until 31 August 2020. As Europe is coloring orange and red it is clear that the COVID-19 health crisis is not over yet. This week a further extension was announced with regard to the agreements concluded between Belgium and the Netherlands/Luxembourg.

We mentioned in our newsflash of 7 May 2020, that the tolerance agreed between Belgium and the Netherlands applies retroactively as from 11 March until 31 May 2020 but that it could be extended if the competent authorities of both countries timely decide to do so. In our newsflash of 2 June 2020 we announced that the agreement with the Netherlands was extended until 30 June 2020 and once more extended until 31 August 2020 (see our newsflash of 24 June 2020). The competent authorities of the Netherlands and Belgium have agreed to further extend the agreement until 31 December 2020.

In our newsflash of 25 May 2020, we mentioned that the tolerance agreed between Belgium and Luxembourg applies retroactively as from 11 March until 30 June 2020 but that it could be extended if the competent authorities of both countries timely decide to do so. This mutual agreement was extended until 31 August 2020 (see our newsflash of 24 June 2020). The component authorities of Luxembourg and Belgium have also agreed to extend the agreement until 31 December 2020.

Until further notice, no further extension has been announced yet with regard to the agreements concluded between Belgium and Germany/France. However, we anticipate that a similar extension will become applicable.

We will follow-up on any further developments in this respect.

If you have any further questions, please do not hesitate to contact Sandrine Schaumont or Philip Maertens.