Arbeitsrecht. Weltweit.

Autor Claeys & Engels

20.04.2018
Freitag

Belgium: The consequences of cancer can constitute a disability

Belgien
In a judgment of 20 February 2018, the Brussels Labour Court decided that the consequences of cancer can constitute a disability for employment law purposes. This ruling has important implications for employers, as failing to adapt working conditions for employees with cancer can now be considered discrimination. Ganzen Artikel lesen

12.01.2018
Freitag

Belgium: A ‘first aid’ guide to deal with data breaches

Belgien
This article sets out the steps organisations should take in dealing with a breach of data privacy from an employment law perspective, based on recent regulatory guidance in Belgium. What should you do if your company is affected by a cyber-attack and hackers purchase your employees’ personal data, or one of your employees loses a USB stick or laptop containing personal data? Guidance issued by the Article 29 Data Protection Working Party (‘WP29’) on 3 October 2017 has clarified the steps organisations should take in dealing with personal data breaches. Ganzen Artikel lesen

24.11.2017
Freitag

Belgium: Liaison officer mandatory for foreign employers

Belgien
From 1 October 2017, the obligations on foreign employers posting workers to Belgium have been extended to include the appointment of a liaison officer to act as a single contact point for the local employment inspectorate. A Belgian Royal Decree that entered into force on 1 October 2017 stipulates that the appointment of this liaison officer must be made through the LIMOSA declaration that all foreign employers are required to complete for workers posted to Belgium. Ganzen Artikel lesen

10.11.2017
Freitag
Ius Laboris Belgium - Claeys & Engels

Belgium: Modifications of benefits in kind

Belgien
Provisions on the tax and social security treatment of the benefit in kind (BIK) for the use of a smartphone, PC, tablet and/or internet are not always clear. Moreover, they are often treated differently for tax and social security purposes. To enhance legal certainty, a modification to the legal provisions is expected to come into force on 1 January 2018, particularly by determining a fixed BIK to apply for both tax and social security purposes. Ganzen Artikel lesen

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