Social law (i.e. law related to employment relationships and social security law) is an indispensable part of the daily functioning of companies and the individuals working for them, both employees and self-employed persons. The rapidly changing and complex Belgian social law regulations confront businesses with unprecedented challenges and risks in a legal environment where change is the only constant. A specialist is therefore of the utmost importance for anyone dealing with employment relationships.
Our team of specialists provides proactive guidance in identifying and managing potential risks. We develop strategies for implementing best practices and support the (re)organization of your workforce. Furthermore, we assist in resolving all employment-related issues.
Employees and self-employed persons can turn to us for advice and assistance concerning their agreement relating to their employment relationship (and annexes), the termination of employment/collaboration, remuneration, violence, moral or sexual harassment in the workplace, discrimination, etc.
In the event of a dispute, we can intervene in an advisory or negotiating capacity or defend your interests before the court. We can also assist you in the context of mediations, whether as a lawyer when you are our client, or as a certified mediator when you need a neutral, independent and impartial third party to mediate in a conflict situation.
If you have any questions about employment law or social security law, do not hesitate to contact us so that we can assist you with advice and in practice.
In most cases, an employee is dismissed with a notice period or a payment in lieu of notice, but the specific approach depends on the circumstances. The cost is mainly determined by the employee's seniority, salary package and any additional entitlements they may claim.
Special rules may also apply, for example in the case of protected employees, incapacity for work, collective dismissals or restructurings. A careless dismissal may give rise to additional damages. Map out the cost and the legal risks beforehand.
Dismissal for serious cause is only possible when a serious breach makes any further professional cooperation immediately and definitively impossible.
It is not enough for the facts to be serious. The investigation into the facts must also be conducted lawfully and take into account, among other things, privacy rules and the applicable rules of evidence. In addition, the very strict statutory time limits and formalities must be followed to the letter.
If an employer does not respect these rules, the dismissal is invalid and gives rise to severance pay, possibly increased by additional costs or compensation. Assistance during the investigation and a timely legal assessment are therefore often advisable.
In the event of incapacity for work, the employer must in certain cases pay guaranteed salary and correctly comply with the rules on sick leave checks. Terminating an employment contract for medical force majeure is only possible if the statutory conditions and procedures are strictly followed.
In the case of long-term incapacity, additional obligations often arise, such as possibly examining re-integration options and complying with the return-to-work rules. Employers must take into account not only employment law, but also well-being, anti-discrimination and social security obligations.
Termination for medical force majeure cannot be used as an alternative to dismissal and requires a separate assessment of the employee's permanent inability to perform the agreed work.
Since the rules depend strongly on the specific situation and the duration of the incapacity, an individual assessment is often advisable in order to avoid legal risks and possible sanctions.
Every employer is obliged to promote the well-being of its employees at work. This obligation includes, among other things, the protection of physical health, the handling of psychosocial risks, occupational accidents and transgressive behaviour at work.
Employers must pursue a prevention policy, carry out risk analyses and put the necessary procedures in place. Depending on the size and activities of the company, additional obligations may apply. The absence of an adequate well-being policy may give rise to liability and sanctions.
Employers must respect the GDPR from the application stage until long after the employment contract has ended, since they process personal data throughout that entire period.
This means, among other things, that only necessary data may be processed, that employees must be properly informed and that appropriate security measures must be taken. Camera surveillance, e-mail checks, GPS systems and the monitoring of employees are also subject to specific conditions.
An attractive pay package today often consists of more than just gross salary: employers can, under certain conditions, grant various extra-legal benefits, such as meal vouchers, eco vouchers, hospitalisation insurance, group insurance, mobility benefits and bonus plans.
However, not every benefit receives the same social security and tax treatment. A correct structuring of the pay package can offer considerable advantages for both employer and employee. It is therefore advisable to have the chosen formula checked legally and fiscally in advance.
Employers must have various mandatory employment law documents and often have an interest in drawing up additional internal policies. Think, among other things, of work rules, a teleworking policy or teleworking appendix, well-being documents, documents under the private investigation legislation, policies on e-mail, internet and camera use, a car policy, a privacy notice, guidelines for the use of laptops and mobile phones, and bonus plans.
The content, updating and correct implementation of these documents are at least as important as their mere presence. Outdated, incomplete or missing documentation may give rise to remarks or the drawing up of an official report by the social inspectorate, administrative sanctions, disputes with employees or difficulties in legal proceedings. A regular compliance audit makes it possible to identify and remedy legal risks in good time.
The social inspection services have wide powers of control, but these are not unlimited. They can request documents, question employees and examine whether employment and social security legislation is being complied with.
If the inspectorate identifies possible infringements, administrative sanctions, regularisations or further proceedings may follow. Timely legal guidance can help to limit the risks.
A restructuring is often accompanied by important employment law obligations. Depending on the specific situation, information and consultation obligations, consultation with employees or their representatives, and the rules on collective dismissal may apply.
Because the applicable rules depend strongly on the size of the company, the number of employees involved and the nature of the planned measures, a prior legal analysis is advisable.
There is prohibited provision of personnel when an employer places its employees at the disposal of a third party that in reality exercises employer's authority over them. Cooperation between companies is of course possible, for instance under a contract for services, but there are limits to the instructions a client may give to employees of another company.
An infringement of these rules may have civil, employment law and even criminal consequences. Both the cooperation agreement and its actual implementation must therefore be carefully drawn up. These rules also apply to the provision of personnel between affiliated companies, such as sister companies. A legal analysis in advance can help to reduce the risk of prohibited provision of personnel considerably.
In principle, an employee who is dismissed is entitled to a notice period or to severance pay corresponding to the salary for that period. There are exceptions, however, for example when the employer invokes dismissal for serious cause. In that case, the employment contract ends immediately and without compensation.
Not every dismissal for serious cause is valid, however, given the statutory time limits and formalities that must be complied with. A dismissal for serious cause also affects your entitlement to unemployment benefits. A legal analysis of the file is advisable.
Yes, incapacity for work does not in principle offer absolute protection against dismissal. An employer may also dismiss an employee during a period of illness, provided that the dismissal is not discriminatory and does not constitute an abuse.
In certain circumstances, a dismissal on account of the employee's state of health may give rise to additional damages on top of the severance pay or notice period. It is therefore important to examine the specific reasons for and timing of the dismissal.
An employer has a certain freedom to organise the work and give instructions, but not every change of function is permitted. If an employer unilaterally changes an essential element of the employment contract, such as the function, responsibilities or salary, this may constitute a breach of contract.
Whether a change of function is permitted depends on the specific circumstances. A legal analysis can provide clarity about your rights and the possible consequences.
Salary must be paid correctly and on time. If your employer does not pay, you can claim payment of the outstanding salary, possibly increased by interest and other compensation. A formal notice is often sent first. If no solution is reached, proceedings can be started before the labour court. A complaint to the social inspectorate is also an option.
Failing to pay salary on time is moreover subject to criminal sanctions. In some cases, protection mechanisms via the Company Closure Fund (Fonds Sluiting Ondernemingen) also apply, for example in the event of the employer's bankruptcy.
Every employee has the right to a safe and healthy working environment. Bullying, violence and unwanted transgressive behaviour at work are prohibited. You can start an internal procedure, for example via the confidential adviser or the prevention adviser for psychosocial aspects, or an external procedure through legal action or a complaint to the social inspectorate. Gathering evidence is often essential.
Yes, but not without limits. An employer may, under certain conditions, monitor the use of professional e-mail accounts and other electronic means of communication. Privacy legislation and the rules of collective labour agreement (cao) no. 81 must be complied with in doing so.
Whether a check is lawful depends on the purpose of the check, the procedure followed and the information provided to employees beforehand. A legal analysis of the specific situation is therefore often advisable.
Yes, decisions of the RVA (National Employment Office) can be challenged before the labour court. These are often disputes about voluntary unemployment, insufficient availability for the labour market or alleged fraud. An appeal must be lodged within the statutory time limit, usually three months. The labour court re-examines the case in full. Good preparation and well-founded arguments can be decisive.
If the medical adviser of the health insurance fund decides that you are fit for work again, the fund can end your sickness benefit. An appeal against this decision can be lodged with the labour court within a certain period. An independent court-appointed expert is often appointed to assess the medical condition. The outcome of such proceedings depends strongly on the medical data and the specific situation. A timely response is essential.
An occupational accident can give entitlement to various payments from the occupational accident insurer, including for temporary incapacity, permanent incapacity and medical costs. There is an occupational accident when an accident occurs during and by reason of the performance of the work, or on the normal route to and from work.
Disputes about the recognition of the accident or the extent of the damage are not uncommon. Decisions of the insurer can also be contested. A correct evaluation of the file is of great importance in this respect.
Yes, decisions of social security institutions can be contested before the labour court. This applies, among other things, to disputes about sickness benefits, unemployment benefits, allowances for persons with a disability and the recovery of undue payments. The time limits for lodging an appeal are often strict. It is therefore important to obtain legal advice quickly. A specialised analysis can help to assess the chances of success correctly.
A good cooperation agreement creates clarity and prevents disputes. In addition to a clear description of the services, agreements are usually also made on the remuneration, the duration of the agreement, liability, the protection of trade secrets and know-how, confidentiality, intellectual property rights and the termination of the cooperation. The GDPR rules and, in certain cases, the rules on well-being at work also apply to self-employed persons.
A carefully drafted agreement offers both the self-employed person and the client greater legal certainty and can prevent many disputes.
There is bogus self-employment when the cooperation is presented on paper as self-employed cooperation, while its actual implementation displays features of an employment contract. The qualification given by the parties themselves is not decisive. Among other things, the degree of authority, control, freedom to organise the work and working time, and economic dependence are looked at.
A requalification can have considerable social security, tax and employment law consequences for both the self-employed person and the client. It is therefore important that not only the agreement, but also the day-to-day cooperation is consistent with self-employed status.
Commercial agents enjoy special statutory protection. Upon termination of a commercial agency agreement, there may, under certain conditions, be a right to compensation in lieu of notice, a goodwill (eviction) indemnity and, in some cases, additional damages.
The specific rights depend on the content of the agreement, the duration of the cooperation and the circumstances in which the agreement was terminated. A legal analysis is often advisable to assess the possible claims correctly.
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