Tags: Employment
Will employers in Flanders soon be able to organise Covid-19 vaccinations in the workplace?
When the vaccination campaign was launched in Belgium, it was intended, in a second phase, that this should also take place within companies. However, to date, vaccinations in the workplace have not been possible. This is now going to change in the Flemish region where the Flemish Government has developed a framework for vaccinations in the workplace via the occupational doctor. However, this option will not apply to all employers.
FAQ for employers: Installing electric charging stations at an employee’s home residence.
The installation of electric charging station at an employee’s home residence triggers some practical questions, both from an employment and a regulatory perspective. We listed and answered them for you in the below top 10 Q&A.
Webinar Video | Employment Webinar: Telework 2.0 – The New Normal?
Our Employment team discuss some legal and practical telework-related questions that employers and HR-managers have to cope with today.
The end of mandatory telework?
On Friday 4 June 2021, a new Ministerial Decree was published in the Belgian State Gazette that includes new provisions regarding telework. For the time being, telework remains compulsory and employers remain obliged to register their non-teleworkable positions with the National Social Security Office (NSSO) and to provide workers whose presence at the workplace is needed with a certificate confirming this fact. However, as from 9 June 2021, employers will have the option to organise weekly ‘return moments’ to the workplace. It is expected that from 1 July 2021, if the number of vaccinations and infections allow it, teleworking will only be recommended and no longer compulsory.
New monthly online ‘Covid telework’ registration obligation for employers starting from April 2021
For a number of months now, teleworking has been compulsory, except for when either the employee’s role or the continuity of business operations does not allow for it.
However, many employers have either not been or have been insufficiently respecting this measure and so the government is going to enhance the monitoring of compulsory teleworking by introducing a new online registration obligation for employers.
The Belgian requirement to rely on recognized dockers to perform dock work passes the ECJ test… the recognition procedure of dockers does not
In a long-awaited court ruling, the ECJ confirmed on 11 February 2021 that the Belgian rules on dock work, obliging companies to have only recognised dockers carry out dock work in ports, does not necessarily constitute a violation of the free movement of workers, the freedom of establishment and the freedom to provide services.
The 2021 Guide to minimum terms of employment for posted workers
ALTIUS’ Employment Team is proud to announce that it has contributed to the 2021 Guide to minimum terms of employment for posted workers.
Focus on social inspection audits in the construction sector…What to expect in 2021?
Last week, the Social Information and Investigation Service published its 2021 Action Plan revealing the inspection services’ strategy and top priorities for 2021. As over the last few years, the construction sector continues to be highly-targeted. We summarise what you can expect in 2021.
Posting workers to Belgium: all you need to know
The ALTIUS’ Employment Team gives a general overview of the employment-related requirements and points for attention that sending and receiving companies have to comply with when temporarily posting workers to Belgium.
Obligations and checks relating to foreign workers and self-employed individuals extended to all sectors and industries
In August 2020, as part of measures to reduce the spread of COVID-19, the government imposed a new record-keeping obligation and compliance check on certain employers and users which temporarily rely on foreign employees or self-employed individuals (for further details please see “COVID-19: new record-keeping obligation and compliance check relating to foreign workers and self-employed individuals”). Initially, these obligations were limited to employers active in the construction, cleaning, meat, agriculture and horticulture sectors. However, the government has extended these obligations to all sectors and industries. In addition, foreign workers and self-employed individuals must, under certain circumstances, provide evidence of a negative COVID-19 test.
New National Labour Council CLA sets framework for Covid-telework
Traditionally, Belgian labour law distinguishes between two forms of telework, namely structural telework, regulated by the Collective Labour Agreement n° 85, and occasional telework, regulated by the Act on Workable and Agile Work. Since the start of the Covid-19 pandemic, a third category has been added, namely ‘Covid telework’, which was, at a certain point, recommended but has now been made compulsory again by the government. Until recently, this ‘Covid telework’ was a ‘sui generis’ regime for which no legal framework had been developed. However, the National Labour Council has now concluded a Collective Labour Agreement n° 149 that creates such a legal framework.
This new CLA n° 149 does not apply to companies that already had a structural or occasional telework regime in place before 1 January 2021 that was included in either a CLA, an individual agreement or a telework policy.
For companies that do not yet have a structural or occasional telework regime in place, CLA n° 149 includes a reference framework to make the necessary arrangements on Covid-telework within the company, as well as a number of obligations for well-being at work concerning telework.
This newsflash gives an overview of the new CLA’s key points.
Enhanced role for the occupational doctor in combatting Covid-19: contact tracing, quarantine certificates and testing
A new Royal Decree published on 21 January 2021 in the Belgian Official Gazette has temporarily extended the occupational doctor’s role in combatting the Covid-19 virus.