News
The social partners have agreed to continue with the social elections and to further extend the opportunities for electronic voting and postal voting
Due to the dramatic increase in Covid-19 infection numbers, there were calls – once again – to postpone the social elections that are scheduled for the period between 16 and 29 November 2020. However, on 27 October 2020, the social partners reached an agreement not to do so, but to extend the opportunities for voting electronically or by post so that the elections can take place in Covid-proof circumstances. The social partners’ agreement contains the following elements: (i) the deadline for entering into an agreement on electronic voting or postal voting – which has in fact already expired – will be extended, (ii) postal voting will also be possible for staff present in the company on the day of the elections, (iii) voting letters including voting ballots can also be sent to voters by ordinary priority (and not registered) mail and (iv) postal votes received up to a maximum of 5 days after the vote has closed can still be considered as valid.
The Social Elections Act must now quickly be amended and voted upon in Parliament.
New rules on telework to further limit the spread of Covid-19: update regional measures
Last week, we informed you about the new measures regarding telework at the federal level. In short: teleworking is no longer ‘highly recommended’ but has become ‘the rule’ for all workers whose roles allow for telework, but only to the extent that the continuity of business operations, activities and services permits it. Moreover, companies can arrange well-organised occasions in which employees can return to the company premises if they comply with sanitary measures.
Webinar Video | Retail Law Series 1: Webshops: are you compliant?
Would you like to be sure that your existing Webshop still complies with Belgian law? Do you think about the future of your company and would like to sell your products or services online but you are “lost” in the mass of legal obligations?
ALTIUS appoints Audrey Zegers as Counsel
ALTIUS is delighted to announce that Audrey Zegers has been appointed as Counsel from September 2020 onwards.
New rules on telework to further limit the spread of Covid-19
On 16 October 2020, the government decided to reinforce the urgent measures to limit the further spread of Covid–19. Teleworking is no longer ‘highly recommended’ but becomes ‘the standard’ for all functions for which teleworking is possible. Yet, the new rule is less far-reaching than during the first lockdown in March 2020 since an exception applies when the continuity of business operations, activities and services do not allow teleworking. Moreover, it is also possible for companies to organise well-organised moments of ‘return to the company premises’ if the sanitary measures are complied with. The reinforced measures will apply until 19 November 2020.
What do these new measures mean for your company?
Can a parallel importer rebrand generic medicines?
If a branded medicine and its generic version are put on the EEA market by economically-linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine?
Food labelling – National rules on mandatory indication of the country of origin
This is the third decision of the CJEU on the concept of “country of origin” in a (bit more than a) year.
Last call to implement electronic voting and/or voting by letter for Covid-proof social elections
In principle, the decision to vote electronically should have been taken as early as February 2020, at a time when few had ever heard of Covid-19. Companies that did not do so at that time but, as a result of Covid-19, would like to do so now for security reasons or because their staff still (mostly) work from home, have been given the opportunity to still introduce electronic voting. However, they have to reach an agreement on this issue at the latest on day X + 56 (i.e. between 13 and 26 October, depending on the new election date). Voting by letter can also be an option in these Covid-19 times. The deadline for doing so is also day X + 56.
Abuse of economic dependence – How to calculate potential fines?
After some last-minute delays, the Royal Decree of 31 July 2020 has introduced the concept of abuse of economic dependence in Belgium. Following this Royal Decree, the Belgian Competition Authority has now announced how it will calculate fines imposed on undertakings in such cases.
Prior authorisation requirement for letting property through AirBnB platform is consistent with the Services Directive, says European Court of Justice
The European Court of Justice has decided on 22 September 2020 that national legislation requiring an authorisation or permit for the short-term letting of residential properties is consistent with EU law, given that a housing shortage and shortage of long-term housing rentals constitute ‘an overriding reason relating to the public interest’.
Webinar Video | AI in the workplace
Our employment team discuss AI in the workplace using some videos that show the potential but also the pitfalls of this new technology.
Webinar Video | Lunch & Learn: Life Sciences : Morceaux choisis
Ce webinar porte sur les sciences du vivant et est composé de deux parties: ‘Ecueils et dangers pour la protection de la recherche & du développement dans le secteur du vivant: préceptes de bonne hygiène juridique’ et Vente de produits de produits de santé et de médicaments aux hôpitaux : les points d’attention en droit des marchés publics”.