The Racism Act of 30 July 1981 prohibits discrimination on the ground of nationality, race, colour, descent or national or ethnic origin. As such, employers must be cautious, well informed and prepared in case of a pending dismissal because a mistake can cost a company dearly. Labour law contains a series of provisions that protect both employers and employees. The Trade Union delegation and the Works Council have different roles and competencies and usually act in parallel. 125 results View Brussels, Belgium Employment Lawyers matching this search Client Reviews . 8.4       Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system? Yes, fathers are entitled to take 10 days off in the four months following the child’s birth. Practice Areas > 4.2       What rights, including rights to pay and benefits, does a woman have during maternity leave? However, they do not have a legal personality and can therefore not be sued directly. This can be done in the form of a full Belgian payroll administration or a shadow payroll administration, in … Age is a protected category under the Discrimination Act of 10 May 2007. Transvaal Lands Co v New Belgium (Transvaal) Lands & Development CO [1914] 2 Ch 488; Wayde v New South Wales Rugby League Ltd (1985) 180 CLR 459; Whitehouse v Carlton Hotel Pty Ltd (1987) 70 ALR 251; Whitlam v ASIC (2003) 57 NSWLR 559 ; Show all summaries ( 59 ) Collapse summaries. Employers should also pay close attention to the rules on working time, as while these are employee friendly, they allow for flexibility if the right exception is used. Employees have a limited right to privacy in the workplace. Collective Bargaining Agreements 68 and 81 regulate video surveillance of employees and the monitoring of professional electronic communications (eg, email). Permanent contracts may also be terminated with immediate effect and payment made in lieu of notice corresponding to the salary and benefits for the period of notice. If these conditions are met, it is possible to deviate from the standard non-competition clause, insofar as it restricts the geographical application of the non-compete to the national territory and is limited to 12 months. Generally, employees have five years from the date on which the facts that gave rise to the claim occurred to submit a complaint to the Employment Court, but this cannot be more than one year after termination of the employment contract. Non-compete covenants may only be incorporated (in writing) in employment contracts upon compliance with a certain number of conditions (such as salary level, type of activities, limited time and geographic scope, exercise of a similar function in a similar business, possibility for the employee to harm the company, level of salary, applicable period limited to a maximum of 12 months, payment of a non-compete indemnity, etc.). If a judgment is annulled, it will be remitted to another labour court of appeal. Continue reading; Social inspectors: mystery shoppers when it comes to discrimination? In what circumstances is an employee treated as being dismissed? For example, as will be explained hereafter, the Works Council has the right to receive different categories of information: basic information; annual information; periodic information; quarterly information; and occasional information. Special non-compete clauses may also apply when an employment contract is terminated by the employer with a notice period or indemnity in lieu of notice after the first six months of employment have lapsed or if the contract is terminated during the first six months of employment. The transferring employer has the obligation to inform the transferring employees about the transfer whether collectively or in the absence of any social body individually. They also represent the employees’ interests within companies (e.g., by negotiating collective employment conditions). However, the guaranteed salary is not payable if the work disability extends uninterruptedly until the pregnancy leave. Employment contracts typically contain a clause that states that the employer owns all IP rights. 8.5       Can an employer control an employee’s use of social media in or outside the workplace? If you are a legal practitioner interested in contributing this country chapter to a future edition of this Guide, please contact us here. It can take between a few months and two-and-a-half years before a case can be pleaded. 3.4       Are there any defences to a discrimination claim? A brief summary of significant developments that will impact on employment law in Belgium. If so, on what grounds is discrimination prohibited? Belgium became independent from the Netherlands in 1830. However, for computer programs, databases, drawings and models and branding, there is a legal assumption that any IP rights therein will be transferred to the employer. 8.3       Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)? If a labour court declares a dismissal manifestly unreasonable, this triggers additional compensation for the employee. The last two weeks of any prenatal leave which is converted into postnatal leave may be taken within eight weeks of the employee’s return to work. Are mandatory arbitration/dispute resolution agreements enforceable? 4.5       Are there any other parental leave rights that employers have to observe? If this proves unsuccessful, a specific procedure applies. That said, Belgian employment law does not apply to independent contractors, with the exception of some general health and safety provisions. Disability is a protected category under the Discrimination Act. Aside from the severance, the employee can claim various amounts such as the damage for lack of motivation, dismissal protection, indemnity for loss of clients (for sales rep), UCA indemnities, arrears of pay, etc. 5.1       On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? Legal proceedings usually start with the issuance of a writ of summons, shortly followed by a preliminary hearing at the Labour Tribunal. However, for companies having more than 50 employees but less than 100 employees, the CPPW is empowered with additional information and consultation powers so to act in practice as a Works Council. This book gives an overall picture of the principles of Belgian labour law, i.e. In principle, workers have a right to a 15-minute break every six hours. However, the following contracts must be in writing: Some specific clauses in the employment contract must also be in writing – for example, schooling and non-compete clauses. There is no obligation to conclude a written employment contract; oral employment contracts can be valid. General drug screenings is prohibited. (See Temporary agency workers) Workers posted to work in Belgium from other countries are covered by the working, pay and employment conditions laid down by … Applicants who invoke their right to privacy when confronted with this information can often be refuted when they have put the information online themselves and either intended to make this public or should have known that the information would become public. Any Peer Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above More Filters . Employees are not permitted to work for a period starting on the seventh day prior to the expected date of childbirth (mandatory prenatal leave) and ending at the end of the ninth week after childbirth (mandatory postnatal leave). What are the rules applicable to final pay and deductions from wages? That said, this largely depends on complexity of the case. The CPPW is jointly composed of the head of the company on the one hand and employee representatives from the company on the other. Provided that some specific requirements are met, various deviations from standard provisions in a non-compete clause can be included (ie, ‘special’ non-compete clauses). What are the requirements for meal and rest breaks? 6.10      How do employees enforce their rights in relation to mass dismissals and what are the consequences if an employer fails to comply with its obligations? The penalties for failing to comply with the notification and consultation obligations include criminal sanctions and administrative fines. Who owns IP rights created by employees during the course of their employment? Amongst the numerous laws, the most relevant one would be: (i)    the law of 3 July 1978 on the employment contracts; (ii)   the law of 16 March 1971 on the working time; (iii)  the law of 27 July 1987 on temp work; (iv)  the law of 12 April 1965 on the protection of the remuneration; and. How is the notice period determined? During the preliminary hearing, a calendar for the filing of written submissions is usually agreed (or otherwise determined by court) and a hearing date is set. Log in A six-month damage indemnity is due by the employer. Further, 96% of private sector employees are covered by collective bargaining agreements. In principle, for work performed in excess of the nine hours per day and 40 hours per week limits (or lower limits determined by a collective bargaining agreement involving an effective reduction of daily or weekly working time), employees are also entitled to overtime pay. the digitalisation of some sectors (eg, banking); the increase in working time flexibility; and. Already registered? 1.5 Are any minimum employment terms and conditions set down by law that employers have to observe? Finally, collective bargaining agreements can be concluded at the undertaking level and certain rules can also be set out in internal company rules. The rules regarding reasons for dismissal are set out in Collective Bargaining Agreement 109. As a consequence of the principle of good faith, employees are prohibited from competing with their employer while under an employment contract. There are no legal requirements relating to advertising positions. Finally, certainly employees (eg, pregnant women, trade union representatives and candidates for the social elections and prevention advisers) are protected. Employees can take paid time off for certain family events (eg, marriages, funerals, childbirth, adoption, holy communion and non-confessional youth celebrations). Employment law There is more to employment than meets the eye. (v)   the law of 20 September 1948 on the organisation of the economy which sets forth the legal context of the works councils. The Act on Labour Relations of 27 December 2006 governs the misclassification of employees and contractors. Specifically, social partners (ie, trade unions and employers’ organisations) have competence to set out binding rules in national and sectoral collective bargaining agreements. It is to be noted that nearly all regulations under employment law carry criminal sanctions for violation. There are no specific rules for this. If the employer wants to proceed with termination of the employment contract of an employee, he will always have to verify whether or not the employee is protected against dismissal. Belgian labour law is characterised by stringent language regulations. 6.7       What claims can an employee bring if he or she is dismissed? Employers should maintain a clear drugs policy and include mandatory provisions in their internal work rules. Introducing PRO ComplianceThe essential resource for in-house professionals. 1.1       What are the main sources of employment law? Whether it concerns hiring, employee contracts, terms and conditions of employment, dismissals, corporate and labor restructuring, or matters involving the works council, by making the right choices at the right time, you will prevent costly mistakes and limit your risks. Accordingly, employers may not open private correspondence received by their employees at the workplace (by means of ground mail service or email), and the following are strictly regulated: As far as telecommunications are concerned, one must comply with the secrecy of telecommunications organised by two criminal provisions. Yes, but it depends on whether a direct discrimination or an indirect discrimination is at stake. Harassment (moral, psychological, sexual or physical) in the workplace is forbidden, and employers should  implement plans to prevent such behaviour. 2.1       What are the rules relating to trade union recognition? 9.2       What procedure applies to employment-related complaints? Victims of harassment can file an internal complaint with trusted members of the company or independent prevention advisers according to the company’s internal procedures. “Direct” discrimination is a difference in treatment that directly relates to the discriminatory ground. Finally, Belgium also grants paid pregnancy leave, maternity leave, paternity leave, adoption leave and leave for foster parents. The main residence and work permit in Belgium is the Highly Skilled Permit, suitable for transfers and temporary employment of foreign staff. In accordance with the Treaty - particularly Article 153 - it adopts laws that set minimum requirements for. Does bargaining usually take place at company or industry level? The employer does not have to pay a guaranteed salary since the maternity leave compensation is fully covered by the worker’s mutual insurance company, which pays her a “maternity allowance”. Moreover, every employee has the right to be assisted by a trade union delegate if they have an individual grievance. Firm: Claeys & Engels. Committees for prevention and protection at work (CPPW) are established in companies usually occupying at least 50 workers. 2.3       Are there any rules governing a trade union’s right to take industrial action? 95 of 10 October 2008 regarding equal treatment applies to all phases of the employment relationship, including recruitment. In Belgium, trade unions are official bodies, recognised by law. Employment Rate in Belgium increased to 65.10 percent in the third quarter of 2020 from 64.20 percent in the second quarter of 2020. 2.5       In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals? Aside from international treaties, employment obligations arise from a number of sources which are subject to a set hierarchy: (ii)   Collective Bargaining Agreements (CBAs) declared to be generally binding by Royal Decree; (iii)  CBAs which have not been declared generally binding; (iv)  written individual employment agreements; (v)   CBAs which have not been declared generally binding where the employer belongs to a joint committee in which a CBA is agreed, although the employer is not a signatory or member of a signing federation; (vii) additional statutory or regulatory provisions; (viii) verbal individual employment agreements; and. What are the remedies for a successful claim? Victims who file a complaint (internally or externally) are protected against dismissal. Employers can request such tests be conducted by their occupational physician only in limited circumstances. Employees in Belgium are entitled to rest time and employers should observe the rules for the weekly working hours as defined by the labor law.Working hours may not exceed 11 hours per day or 50 hours per week. If the employer gives notice and he cannot prove that the dismissal is not related to the protection to which the employee is entitled, he will have to pay additional compensation to the employee on top of the indemnity in lieu of notice to which the employee is entitled. Workers can always bring a case before the labour courts. However, as the trade union delegates are usually also elected to the Works Council they clearly act in close coordination on their specific fields of competencies. The main rule is that background checks cannot be discriminatory and must be relevant for the job. The employment contract for sales representatives is the agreement under which an employee, i.e. Dismissals based on protected characteristic or because of a transfer of undertaking are prohibited. Although the number of cases is limited in Belgium, there is a clear willingness on the part of companies to implement whistleblowing mechanisms in order to reach an appropriate balance between: What are employees’ rights with regard to privacy and monitoring? Both parties to a permanent employment contract can terminate it with notice (the length of which is provided for by law and depends on the employee’s length of service as well as the date on which the contract was entered into). There are also inspection services at regional and community level (Flemish Community, Brussels and Walloon Region) which mainly check work permits, temporary agencies and private employment agencies providing job placement services. Employment law changes tend to come in waves, driven by public perceptions of what’s fair for workers. No, garden leave cannot be unilaterally imposed. Lawyers.com Find Law Firms by Legal Issue Employment Belgium Brussels. However, employees usually issue their former employer with a formal notice before commencing legal proceedings. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. cannot be prevented or sanctioned. tax withholdings (ie, employees’ social security contributions and any contributions for the financing of complementary social security benefits can be deducted by virtue of individual agreements or collective bargaining agreements); fines under the applicable employment policy; indemnities due by the employee if they are found liable for damage as a result of fraud, a serious fault or a reoccurring minor fault (Article 18 of the Employment Contracts Act); the amount of the warranty that the employer may ask for to secure the employee’s obligations; and. 6.3       What protection do employees have against dismissal? Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Is there a minimum paid holiday entitlement? Belgian employment law books.lawlegal.eu Retrieved 01, 2021, from https: ... Schema Summary. Belgium All labour documents and labour-related communications with employees must be in Dutch, French or German, depending on the location of the employer's operating unit The 'very knowledgeable' team provides 'very practical advice' to a client base made up solely of companies - mostly in the private sector - on the full range of employment matters. the possibility of hierarchical control or subordination – specifically: is there an established means of control; temporary contracts or contracts for a specific project; there is an extraordinary increase in workload; there is the threat of an accident or following an accident; urgent work on machinery or equipment must take place; urgent work is necessary due to unforeseen circumstances; or. 6.8       Can employers settle claims before or after they are initiated? If you wish to enquire as to whether this country chapter is available in a previous edition of Energy in print or PDF format, contact us here. Compliance with regulations concerning foreign investments in Belgium General: 1.1. What is the position in relation to family and medical leave? Must an employment contract be in writing? Picketing and third-party picketing are allowed. the employer has control over the individual’s use of time; the free organisation of the work – specifically: whether the individual can freely choose (and refuse) assignments; the imposition of rules of conduct or objectives; who pays the salary and who bears the costs; and. As a rule, employers cannot enquire about an applicant’s credit and financial background. Can employers settle claims before or after they are initiated? Where multiple redundancies qualify as a collective dismissal, the legislation on collective dismissals and the closure of undertakings (if necessary) apply. the dismissal of transferred employees is prohibited; the transfer of all rights and duties pertaining to the employee; and. Belgian employment policy is based on consultation between the social partners. Are there particular rules for collective redundancies/mass layoffs? Physicians cannot communicate the test results to the employer. These collective agreements are concluded at company level by one employer and (at least) one trade union; they only apply to the employees employed by the company which concluded the agreement. carry out an international activity or have considerable economic, technical or financial interests in international markets; or. Religion is a protected category under the Discrimination Act. 5.2       What employee rights transfer on a business sale? The Belgian institutional framework is made up of regions and communities which do not have exactly the same competences (some other states based on federal principles have a more homogeneous structure). Employment Rate in Belgium averaged 61 percent from 1992 until 2020, reaching an all time high of 65.80 percent in the third quarter of 2019 and a record low of 55.70 percent in the second quarter of 1994. This Employment Law Belgium seminar provides key insights into the employment law framework in this important European market and centre of governance. individual payslips (paper or electronic) – if an employee has a flexible working schedule, the employer must provide them with an overview of their current hours worked compared with the company’s daily and weekly schedule; and. Confidential information and unfair competition encompass any competitive activity during which the employee uses confidential information acquired during his employment with his former employer or by which he creates confusion between his former employer and a new one. There are several types of employment contract (Contrat de travail/Arbeidsovereenkomst) commonly used in Belgium.There are different contracts for manual workers and white-collar workers. In addition, separate contracts exist for domestic workers, student workers, professional sports people and … 3.8       Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice? the General Confederation of Liberal Trade Unions of Belgium; the General Belgian Trade Union Confederation; and. 5hvwulfwhg 6wrfn 8qlwv 568¶v $ vwrfn judqw lv d surplvh wr dzdug dfwxdo vwrfn dw vrph srlqw lq wkh ixwxuh vxemhfw wr fhuwdlq uhtxluhphqwv wlph uhvwulfwlrqv 7khuh lv qr sxufkdvh lqyroyhg 2qo\ h[hpsw vdodulhg hpsor\hhv duh holjleoh vdodu\ judgh dqg What are the rules that govern redundancy procedures? Aside from the automatic transfer, CBA 32bis also provides: 5.3       Are there any information and consultation rights on a business sale? 22 April 2020 London France: Employment law training; 22 April 2020 London Germany: Employment law training; 28 April 2020 London UK: Employment law training; 29 April 2020 London Ireland: Employment law training; 13 May 2020 London Italy: Employment law training; 13 May 2020 London Spain: Employment law training; 19 May 2020 London Netherlands: Employment law … offer voluntary overtime at the request of an employee, regardless of whether there is a specific reason. There are 27 judicial districts. In general, cases before a labour tribunal take approximately one year. Christophe Delmarcelle they are limited to activities similar to those presently performed by the employee; they are limited to a well-defined geographical area within Belgium; the employer terminates the contract during the first six months of employment; after the first six months of employment, the employer terminates the employment contract with a notice period or an indemnity in lieu of notice; or. This right is, however, not clearly defined or regulated. European Equality Law Network. The Works Council discusses and negotiates about the work rules and working conditions, monitors the company’s economic and financial situation, gives advice and formulates proposals on the functioning of the company. 3.1       Are employees protected against discrimination? Your people strategy is inextricably linked to your growth strategy. Check-In: EEOC, DOL, and NLRB Compliance—A Labor and Employment Law Roundtable Webinar. Employees are entitled to convert a part of their prenatal leave (maximum five or seven weeks) into postnatal leave. A general right to privacy applies. Collective bargaining between social partners (ie, trade unions and employers’ organisations) plays a key role in shaping the rules of Belgian employment law. ", © Copyright 2006 - 2021 Law Business Research. Of course, in order to be able to work, foreign nationals outside the European Economic Area and Switzerland must obtain a stay and work permit. Become your target audience’s go-to resource for today’s hottest topics. Belgium: Useful information - key future employment law developments. Whilst independent contractors have no employment rights, workers are offered some, but not all, of the same protections as employees. In principle, there is no co-determination in Belgian labour law aside from very specific cases like the implementation of the working regulations or the setting up of the selection criteria within the scope of a collective dismissal procedure. This kind of collaboration between employers and workers has resulted in a dynamic, flexible and protected workforce (Belgian workers enjoy excellent protection from unemployment and illness). Does an employee have to pay a fee to submit a claim? Worker employed in Belgium by an employer established in another country; The consequences of Brexit on labour law; The well-being of workers. As mentioned above, European law will continue to apply during the transition period. ); unpaid absence for a compelling reason (sickness, accident or hospitalisation to persons living under the same roof as the employee or to first-degree relatives); and. 30 or more employees in an enterprise employing 300 or more employees. In principle, employers cannot regulate off-duty conduct unless an employee’s private behaviour or actions could have severe repercussions on their employment or the company image. Through a case study approach it equips participants with the skills and knowledge to operate successfully and effectively manage employees in Belgium. Decisions must theoretically be pronounced by the Tribunal within a month of the hearing of pleadings, but it usually takes much longer, depending on the complexity of the case. We strongly recommend obtaining legal advice before implementing or conducting the monitoring of telecommunications as it remains a grey area of law. Specific procedural and substantive rules apply (and must be followed) to intended “collective dismissals” that would affect, during any 60-day period: Additional requirements apply in case “closure” of undertaking. However, national Collective Bargaining Agreement 95 provides that workers cannot be treated as unequal based on their medical history. the risk of late alerts and the affect that this can have on the work environment; and. Therefore, national collective bargaining agreements are an important part of Belgian employment law. The Discrimination Act also protects marital status, birth, property, political opinion, trade union membership and activities, language, physical or genetic characteristic and social origin. 8.1       How do employee data protection rights affect the employment relationship? The justice of the peace court deals with all claims below €5 000 that are not exclusively assigned to another court. In cases where an employee faces a disciplinary procedure, only the penalties provided for in the company’s employment policy can be taken. Employers must be cautions when requesting medical history checks, as this may amount to discrimination on the basis of an individual’s health status. The prohibitions referred to in the Non-Discrimination Acts of 10 May 2007 apply to access to paid employment (including selection criteria and promotion opportunities) regardless of the activity involved or the seniority of the position. Certain tests (eg, genetic and HIBV tests) are strictly forbidden by law. We’re only a quarter through 2019 and employment law is already changing at a rapid pace, with an increasingly widespread commitment to greater pay equity, access to paid leave, and protection from harassment and discrimination. To be lawful, it must, amongst others, comply with the principles of legality, purpose and proportionality, and must have been brought to the attention of the employee. There are different contracts for manual workers and white-collar workers. 7.4       How are restrictive covenants enforced? 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