Tags: Employment
Webinar Video | Help … am I still up-to-date with the current trends in labour law?
During this webinar, we guide you through the highlights of labour law in 2020 and give you a sneak peak into what is in the ‘pipeline’ for 2021 so that you start 2021 well prepared and fully informed.
Social fraud inspection audits conducted by the District cells have been focusing on the construction sector: 2020 in retrospect
As the end of 2020 is nearing, it is time for the traditional end-of-year lists. 2020 will undoubtedly be remembered as the year in which the entire world encountered the Covid-19 virus but that has not prevented the Belgian social inspection services from proceeding with its inspection audits. Once more, the available (provisional) data[1] reveals that the construction sector has remained a highly-targeted sector. We have listed some interesting figures in the overview below.
WEBINAR VIDEO | Lunch & Learn: Rémunérations alternatives: Comment choisir la meilleure alternative au bonus en cash ?
La « guerre des talents » encourage les entreprises à récompenser et à motiver davantage leurs travailleurs (clés) en leur accordant divers bonus pour leurs efforts. Eu égard à la forte pression parafiscale que connait le bonus en cash, les employeurs sont toujours à la recherche d’alternatives, telles que la prime bénéficiaire, le bonus salarial, l’octroi de stock-options ou de warrants, le paiement de primes dans un plan de pension bonus, etc.
Attention points for retail sector employers considering dismissing employees for economic or technical reasons
As the retail sector is one of the sectors most affected by the Covid-19 pandemic, employers within it might be considering dismissing employees for economic or technical reasons. Are you an employer within the retail sector?
Yet another update on telework!
Telework is everywhere at the moment. Only a few days ago, we informed you of the obligation to telework during this lockdown, except when an employee’s role or the continuity of business operations does not allow for teleworking.
Do not forget to provide any of your employees who must be present in your workplace with a document to certify this fact
Belgium is, for the second time, in lockdown. The new Ministerial Decree of 1 November 2020 stipulates that, as from today until 13 December 2020, all workers are obliged to telework. However, an exception applies when either the employee’s role or the continuity of business operations, activities and services does not allow for teleworking. In such a case, the employer must provide the worker with a certificate or other supporting document attesting that his/her presence in the workplace is needed. The ability to arrange for occasions on which workers could return to the company premises, which was provided for in the Ministerial Decree of 18 October 2020, has been deleted.
In addition to bars and restaurants, non-essential shops have now also been forced to close down during this lockdown period.
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.
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?
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.
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.
Covid-19 update: A new record keeping obligation and compliance check for employers and users relying on foreign workers or self-employed individuals in the construction, cleaning, meat, agriculture and horticulture sectors
As part of some new measures that aim to reduce the further spread of the Covid-19 virus, the Belgian government has recently imposed a new record keeping obligation upon certain employers and users who are temporarily relying on foreign employees or self-employed individuals. In-scope employers and users also have to verify whether the foreign employees and self-employed individuals have duly completed the Passenger Locator Form. These new obligations apply from 24 August 2020 until 30 September 2020 (but may be subject to extension).