Tags: Employment
Help! The social elections 2024 are close now… so be fully prepared!
The next Social Elections will take place between 13 and 26 May 2024. If this period still seems far away, then a first set of written information should already be provided to the representative bodies and to the employees by as early as mid-December 2023 as a first step in the election procedure.
The fight against social dumping: the Flemish government optimises contractor chain responsibility schemes in case of illegal employment
In the aftermath of some highly-publicised social dumping cases in the media, the Flemish government has proposed a zero tolerance policy for bogus posting set-ups involving illegal employment, especially if they involve exploitation and “smart” contractor chain constructions.
Psychosocial risks and discrimination at work: a ‘wind of change’ since 1 June 2023!
The rules governing discrimination and psychosocial risks at work have been revised to bring them in line with European legislation and the European Court of Justice’s recent case law.
The recent tax and social security reforms on copyright income: what employers need to know
Following an intense debate, the legislator introduced a new tax scheme applicable to copyright income. Main raison for this initiative is the assumed abuse of the until then beneficial tax regime. Under the amended tax rules, employees still qualify for the special tax scheme, but with a stricter legal framework.
Help… My employee receives equity-based benefits!
In the war for talent, employers continue to search for alternative remuneration schemes to attract ànd retain employees. Incentivising employees is increasingly done through the granting of equity-based benefits such as shares (options), subscription rights (warrants), RSUs, SARs, etc. However, this form of remuneration raises specific employment and social security law issues.
Belgium confirms its adoption of the Framework Agreement on Cross-border Telework
Given the upcoming transition period expiry on 30 June 2023, the long-awaited Framework Agreement on Cross-border Telework was recently published.
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 […]
The rise of Employers of Record (EOR) on the Belgian labour market: a new opportunity for foreign employers expanding their business in Belgium?
Since the Covid-19 pandemic hybrid working models have become the ‘new normal’. Although this development has undoubtedly triggered challenges for employers, it has also created opportunities. The pool of candidates for filling an open vacancy has expanded substantially as nothing impedes an employer from ‘crossing the border’ to find the most suitable employee-candidate (and vice […]
Saturday is no longer a working day from 1 January 2023
Although the vast majority of companies work from Monday to Friday, Belgian labour law still attaches great importance to Saturdays. When the Employment Contracts Act refers to “working days” (e.g. the three-working day period for a dismissal for just cause or the registered letter serving notice that takes effect on the third working day after […]
A new special social security contribution should discourage companies from excessively using successive daily temporary agency work contracts from 1 january 2023
On 19 July 2022, the National Labour Council’s social partners proposed introducing a new responsibility mechanism to financially penalise companies that make excessive use of successive daily temporary agency (“interim”) work contracts (SDC): if the SDC number exceeds a certain threshold during a semester, then the company-user will have to pay a special social security contribution.
Are foreign employers who post workers to Belgium obliged to proceed with a DIMONA obligation: what has the Belgian Supreme Court said (or rather not said)?
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation.
The Belgian Government’s ‘labour deal’: the final draft of the bill is presented to Parliament
As announced and presented in our blog of 21 February 2022, the Belgian government reached an agreement in February 2022 on the ‘Labour Deal’, which is a package of measures seeking to get more people into work and to achieve a better work-life balance for employees.
Webinar Video | Help! The manager is (also) a board member
Directorships raise many practical questions regarding labour law and social security, especially when such a directorship is combined with another function within the company, such as taking care of day-to-day management or fulfilling a role such as CFO or HR manager.