Tags: Employment
ALTIUS has contributed to the 2020 Edition of the ‘European Employment Law Update’ that covers 34 countries in Europe
‘European Employment Law Update’ is an annual guide that compiles updates on employment law from leading law firms all over Europe.
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.
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
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).
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.
Has the Supreme Court confirmed the NSSO’s position regarding share related benefits granted by a foreign parent company?
Has the Supreme Court confirmed the NSSO’s position regarding share related benefits granted by a foreign parent company?
2020 social elections: arrange for an exemption from keeping a register of temporary workers
Companies employing more than 100 employees can obtain an exemption from the obligation to keep a register of temporary workers (i.e. an annex to the general personnel register) if, by 30 May 2019 at the latest, they arrange for a unanimous declaration from the Works Council that the company does indeed employ more than 100 employees and this declaration is recorded in the minutes of the works council meeting.
Will employers be obliged to set up a working time recording system?
In its recent judgment of 14 May 2019, the Court of Justice of the European Union (CJEU) has held that EU Member States must oblige employers to set up a working time recording system for recording the time worked each day by each worker.
Better protection for teleworkers from occupational accidents
In a working world with rapid technological change and in which mobility is an increasing issue, telework is increasingly seen as a viable option and so more employees are demanding the opportunity to work remotely as part of their “employment package”.
NSSO follows the Tax Ruling Commission’s position: warrants may not exceed 20% of the employee’s regular gross salary package
In 2018 the Tax Ruling Commission ruled that the grant of warrants may not exceed 20% of an employee’s gross annual salary in order to qualify as options (as set out above). The National Social Security Office (NSSO) has confirmed that it is applying the same criterion when determining whether such warrants qualify as salary, which trigger the payment of social security contributions.
Important financial impact for equity incentives expected in the life sciences industry
In the life-sciences industry, many employees benefit from equity incentives granted by the parent company.
Secondment in the construction sector: 10 key considerations
This article highlights the most notable obligations and corresponding liabilities for secondment in the construction sector.