Employment
Employment law in Belgium has more facets than an Antwerp diamond. Our very experienced employment team helps SMEs and multinationals as well as executive-level employees navigate complex and constantly changing regulations. True partners, our lawyers offer practical solutions to reduce possible legal risks and keep you focused on more important tasks.
Communication is key
Known as the go-to law firm when it comes to employment law, our proactive team is dedicated to working hand-in-hand with in-house HR specialists from SMEs and multinational companies. The team also has an excellent reputation assisting high-level executives with their labor issues. Clear communicators, the team concentrates on practical solutions to reduce legal risks and help your HR team make the right decisions when it comes to challenging employment issues.
Our priority is listening to our clients and their needs. As an HR partner, we are ready to answer day-to-day questions as well as working together to manage complex situations, ranging from structuring employment and collective labor issues arising from restructuring to hiring and firing, social inspection investigations, and international and cross-border employment issues, including migration law aspects.
In close collaboration with the Comp&Ben team of the Tiberghien tax law firm, the ALTIUS employment team gives expert advice regarding labor and social security aspects of incentive plans. The team is well-seasoned in employment, social security and pensions law litigation before the labour tribunals and courts. Clients can also count on a wide variety of handy tools, webinars, tailor-made inhouse workshops and newsletter updates.
How we can help
Setting-up of a business
Employment law and social security law advice regarding the setting-up of a business in Belgium and employing personnel
Day-to-day employment advice
On a wide range of employment-related topics, including:
- Hiring (including structuring of employment) and firing
- Working time
- Remuneration
- Employee lending
- Work incapacity
- Service agreements
- “False” self-employed
- Aspects of solicitation and unfair competition
- Etc.
Restructurings
- Implementation of insourcing, outsourcing and subcontracting projects
- Multiple and collective lay-off processes, including closures of companies or divisions and other scenarios of restructuring the workforce and the work organisation
- Transfer of undertaking (TUPE/ARD)
Compensation and Benefits
- Employment and social security aspects of incentive plans (e.g. stock option plans, warrants, CBA 90-plans, benefit participation plans)
- In collaboration with Tiberghien, international tax law firm
Collective employment law
- Negotiating and drafting of collective labour agreements and protocol-agreements
- Information and consultation processes with representative bodies
- Guidance through the social elections process
- Post-closing harmonization of employment terms and conditions in case of M&A
Compliance
- Drafting of work rules (employee handbooks) and HR related policies (including deconnection plans as part of the work rules or in a separate CBA as well as training programs)
- “whistle blowing”, data protection and privacy issues, ethical codes, etc.
- Assistance with internal investigations
Disputes
- Handling of collective disputes, including strikes
- Assistance with social inspection investigations
- Strategic guidance during settlement negotiations
- Litigation before the labour tribunals and courts
International employment
- Posting and secondments
- Drafting of international employment contracts
- Employment law and social security aspects of international and cross-border employment situations, A1 forms, LIMOSA declarations, determination of applicable law and applicable social security regime, …
- Migration law compliance in case of international employment (single permit, work permit, visa)
End-of-career paths
- Early retirement schemes and the system of unemployment benefits with company allowance (“SWT/RCC”)
- Assistance with planning elder employees’ end of career (landing job time credit, garden leave, etc.)
- Supplementary pension issues
Well-being
- Legal aspects of re-integration tracks
- Termination for medical force majeure
- Handling of psychosocial risk claims (including claims for moral or sexual harassment at the workplace)
- Assistance with the legal consequences of occupational accidents
Our Experts in
Employment Law
Our latest employment news
The reformed recognition procedure for dock workers… the end of a legal battle?
A new Royal Decree of 21 December 2022 substantially changes the recognition procedure for dock workers. This Royal Decree was issued in the aftermath of a long-standing legal battle initiated by two major players in the sector that challenged the very specific Belgian legislation on dock workers. Although the principle that dock work can only be carried out by recognised dock workers fully remains in place, the application process to become a recognised dock worker should now become (more) objective, non-discriminatory and transparent.
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Abolition of the reorientation indemnity’s (partial) reimbursement: a (significant) additional cost for employers conducting a collective lay-off
Employees terminated in the frame of a collective lay-off may participate in a redeployment cell, which helps them to find new employment. Any participating employee is entitled to a monthly reorientation indemnity equal to his/her salary inclusive benefits during a period of 3 or 6 months. The employer pays the reorientation indemnity. Until very recently, an employer could obtain a reimbursement from the unemployment office (“RVA”/“Onem”) for the amount of the reorientation indemnity exceeding the statutory indemnity in lieu of notice.
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Draft Belgian Whistleblowing Act now adopted in Parliament!
The draft Belgian Act on whistleblowing for the private sector, which transposes EU Directive 2019/1937 (‘the Whistleblowing Directive’) into national legislation, has finally been adopted in Parliament. The Act still has to be published in the Belgian State Gazette and will enter into force 2 months after its publication.
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At ALTIUS, we look at your business from two different angles: legal
practice and industry sector. Our teams of specialised lawyers are
additionally grouped into dedicated, cross-specialty, industry-focused
teams. Whether you are looking for a dedicated legal specialist or a
team of industry insiders, at ALTIUS, we got your legal issue covered.
Choosing ALTIUS
as your Legal Partner
means…
At ALTIUS, we believe business is always personal. That’s why we’re so much more than just great lawyers; we are team players and relationship builders. Combining legal excellence with passion, optimism, and good judgement, we bring a fresh perspective and genuine commitment. Whatever your legal challenges, we think in new ways and find innovative solutions.