January 7, 2020

Employers, be aware of the “hidden protection period” kick-off!

The “hidden protection period” is one of the most remarkable features of the social elections process. The hidden protection period is the period during which candidates already benefit from the specific dismissal protection, even though the candidate lists are only being disclosed to the employer 65 days later. Hence, there is a 65 days-gap during which an employer is not aware of an employee’s candidacy for the social elections and related dismissal protection, reason why it is highly recommended not to proceed with any dismissals during the hidden protection period to avoid a substantial financial liability.
Depending on your election date, the hidden protection period starts between 12 January and 25 January 2020.

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December 30, 2019

Patenting blockchain

While much has been written already regarding blockchain and its many exciting applications for the future, not much has been said on how you can adequately and legally protect your blockchain once it has been developed.

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December 19, 2019

The International Comparative Legal Guide to: Real Estate 2020

One of our partners, Lieven Peeters, is pleased to announce that the International Comparative Legal Guide to: Real Estate 2020 has been published.

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December 13, 2019

Clawback: chasing assets

This article reflects on some of the options offered under Belgian law by the actio pauliana, commonly referred to in English as the ‘clawback’ rules.

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December 12, 2019

X – 60: What are your obligations?

On X – 60, i.e. between 13 and 26 December 2019, depending on the chosen election day, the employer must provide the Works Council and/or the CPPW, or, in their absence, the Trade Union Delegation, with written information that includes the following elements:

(1) the determination of the (number of) ‘technical business unit(s)’ (TBUs)

(2) the number of employees per ‘category’ on day X – 60

(3)  the functions of the high level executive personnel (‘leidinggevend personeel/personnel de direction’) and an indicative list of the persons exercising these functions

(4) the functions of the managerial personnel (‘kaderleden/cadres’) and an indicative list of the persons exercising these functions (only for the Works Council)

(5) the day of posting of the notice announcing the date of the elections and the envisaged date of the elections

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December 10, 2019

The new Plant Health Regulation is ready to take off as of 14 December 2019

Pests threaten plant health. To fight the increased risks owing to the further globalisation of trade and climate change, the European legislature has adopted measures concerning the determination and reduction of risks imposed by pests: Regulation 2016/2031.

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December 6, 2019

Is your company ready for the Incoterms 2020?

On 1 January 2020, the new Incoterms® 2020 as published by the International Chamber of Commerce (ICC) will come into force.

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November 12, 2019

Whistleblowing employees soon to be protected against retaliation measures?

The Whistleblower Directive is a minimum level directive and must be implemented within 2 years after it enters into force (which as of today’s date is not yet the case).

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October 30, 2019

Social elections 2020: Homeworkers can vote from their ‘home office’

More and more employees structurally work from home (with fixed homeworking days). Assuming the social elections date falls on an employee’s regular homeworking day, such an employee no longer needs to go to the company premises to vote. Due to some changes in the 2020 Social Elections Act of 4 April 2019, it is now possible to vote electronically from home.

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October 28, 2019

Direct lines in Flanders: 5 points of attention

Recently, the VREG started authorizing direct lines for electricity more easily. This brings new opportunities for companies near an electricity production site, such a wind farm or solar park.

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October 25, 2019

Belgian Constitutional Court annuls new export prohibition for full-line wholesalers but new legislative proposals are already put forward

On 17 October 2019, the Belgian Constitutional Court annulled the export prohibition for wholesaler-distributors, which was introduced by Article 3, 2° of the Act concerning the unavailability of medicinal products of 7 April 2019.

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October 24, 2019

New rules in the Walloon Region and their substantial consequences for franchise and commercial lease agreements: do you comply with them?

Since the transfer of the legislative competence for commercial leases from the federal to the regional level, the Walloon legislator has already made use of its new competence by amending the Act of 30 April 1951 on commercial leases in several aspects.

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