Arbeitsrecht. Weltweit.

Kategorie: Belgium

06.10.2017
Freitag

Belgium: Cash for car instead of company car

Belgien
On 29 September 2017, as proposed by the Minister of Finance, the Council of Ministers approved a preliminary draft bill allowing employees who wish to do so, to exchange their company car for a mobility allowance; provided, however, that the employer has set up such a system within the company. Ganzen Artikel lesen

08.09.2017
Freitag
Ius Laboris Belgium - Claeys & Engels

ECHR, Bărbulescu and breach of privacy

ECHR, Bărbulescu and breach of privacy
The Grand Chamber of the European Court of Human Rights (‘ECHR’) – composed of 17 judges – has just released its judgment in Bărbulescu – v – Romania (5 September 2017). The case concerned the balance between two rights: the employee’s right to respect for private life and correspondence under Article 8 of the European Convention on Human Rights and the employer’s right to take measures in order to ensure the smooth running of the company – in this case, monitoring the employee’s electronic communications.

Ganzen Artikel lesen

07.07.2017
Freitag
Ius Laboris Belgium - Claeys & Engels

Belgium: Shareholders‘ right directive

Belgien
The Directive amends the so-called Shareholders’ Rights Directive (EU Directive 2007/36 as regards the encouragement of long-term shareholder engagement). The stated objective is to overcome certain corporate governance shortcomings in European listed companies and to promote the long-term engagement of shareholders.
The Directive deals with a wide range of corporate law and governance issues, such as identifying shareholders, providing information about shareholders, facilitating voting, making institutional investors, asset managers and proxy advisors more transparent, and regulating related party transactions. HR practitioners will, however, be primarily interested in the provisions that deal with pay policy and the remuneration report - and it is these that we focus on in this newsletter.

Ganzen Artikel lesen

19.05.2017
Freitag

Belgium: Increase in the credit of additional hours for certain part-time employees

In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator - in view of more flexibility for certain part-time employees - has increased the so-called “credit of additional hours”. An RD of 23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990 in this regard. Ganzen Artikel lesen

12.05.2017
Freitag
Ius Laboris Belgium - Claeys & Engels

Belgium: New pension matter

Belgien
The organiser of a pension promise must cover deficits of the vested reserves, as well as deficits regarding the guaranteed return provided in Article 24 of the AOP. The reasons which caused the deficits, such as the liquidation or the bankruptcy of the pension provider, are of no importance. Ganzen Artikel lesen

17.03.2017
Freitag

European court of justice rules on discrimination based on belief

belief discrimination
The ECJ has ruled on a Belgian case about whether an employer can justify having a neutral dress policy and on a French preliminary question on a similar theme. It confirms that a dress code aimed at neutrality can be used to justify discrimination based on belief. Ganzen Artikel lesen

01.07.2016
Freitag
Ius Laboris Belgium - Claeys & Engels

Football vs. Belgian employment law: 1-0?

According to a survey among 1,000 Belgian employees, 6 out of 10 employees intend to watch Euro 2016. Another survey among 200 HR managers revealed, however, that 7 out of 10 Belgian employers fear a reduction in productivity in the coming weeks due to Euro 2016. One should, perhaps, not be too surprised knowing that 2 employees out of 3 expect management will turn a blind eye if an important match takes place during working hours. Employers can of course hope for a swift Belgian exit out of France - but that would be a bit unsporting, wouldn’t it? On the other hand, if the Red Devils live up to their status as a dark horse and would go all the way to Paris, employers will be faced with a month of ever-increasing football fever. This article aims at helping employers to deal with a few issues which are likely to arise in the Euro’s slipstream. Ganzen Artikel lesen