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.
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.
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.
New rules on medical force majeure and the medical certificate
A new Act, which includes various provisions on incapacity for work, was published in the Belgian State Gazette on 18 November 2022.
Help … am I still up-to-date with the current trends in labour law?
The end of the year is a moment for both looking forward and back.
For 2022, given the multitude of new and important employment legislation that will have a significant impact on your day-to-day HR practice, how can you do that without feeling dizzy?
The Labour Deal is published in the Belgian State Gazette
Today, 10 November 2022, the Labour Deal Act has – finally – been published in the Belgian State Gazette. You can, once again, find below our checklist of the obligations and possibilities for employers based on the Labour Deal Act, together with an indication of when each measure will enter into force. We discussed the […]
Transparent and predictable working conditions (part 3): new rights for employees (and new obligations for employers)
Our two previous blogs explained that Belgium has finally transposed the EU Directive on transparent and predictable working conditions into national law. The new Belgian Act of 7 October 2022 (voted upon in parliament on 29 September 2022) has been published in the Belgian State Gazette of today (31 October) and thus enters into force […]
Transparent and predictable working conditions (part 2): be sure to inform your employees
Our blog of 17 October 2022 explained that Belgium has finally transposed the EU Directive on transparent and predictable working conditions into national law. That first blog (in this series of three) elaborated on the right of employees to request a form of employment that is more predictable and secure. This second blog focuses on the principle of transparency […]
Transparent and predictable working conditions: the ‘must know’ points for employers
An EU Directive was published in 2019 that obliges the Member States to guarantee, on the one hand, an improvement in employment conditions by enforcing more transparent and predictable employment conditions, and, on the other hand, increasing the flexibility in the labour market. Belgium has finally transposed this EU Directive with not one but two legal instruments: namely, […]
Belgium’s implementation of the EU Directive on the posting of drivers in the road transport sector: What is the impact for employers posting drivers to and from Belgium?
With the Act of 19 June 2022, Belgium has implemented EU Directive 2020/1057 on the posting of drivers, by providing, amongst other things, adjustments to the Posting Act of 5 March 20021. Not only foreign posting employers are impacted as the Act of 19 June 2022 has also introduced a new information obligation for Belgian […]
Re-integration track 2.0: key changes at a glance
You will probably have already heard about the new ‘re-integration track 2.0’ for sick employees that entered into force on 1 October 2022 and that also applies to ongoing tracks. Discover below an overview of the key changes, which is presented in a convenient slide format.
The Labour Deal is now a ‘done deal’!
It has been long overdue… the Belgian Parliament finally approved the so-called Labour Deal last week. This ‘deal’ includes – amongst other things – the four-day work week, the introduction of ‘transition paths’ during which workers can already start working for another employer during their notice period, redeployment measures and the workers’ right to be […]