Legal insights

Inbound EU temporarily “posted workers” treated on (quasi) equal footing with “local” workers after twelve months, concerning at present some 178,000 workers

A "posted worker" is an employee who is sent by his employer to carry out a service in another EU Member State on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency. Posted workers are different from EU mobile workers as they remain only temporarily in the host Member State and do not integrate its labour market.

FROM CORONA UNEMPLOYMENT TO ECONOMIC UNEMPLOYMENT: TRANSITIONAL REGIME

Due to the overwhelming amount of applications for temporary unemployment in the context of the outbreak of the coronavirus, the Belgian government decided to simplify the procedure and to open up the temporary unemployment regime for force majeure to all situations related to the coronavirus. 

Consequently, as of 13 March 2020, all temporary unemployment resulting from the virus can be considered as temporary unemployment due to force majeure and is subject to a simplified application procedure.

These measures are valid until 31 August 2020

Telework and the Act on Work Accidents finally reconciled

A work accident is "any accident that occurs to a worker in the course of and as a result of the performance of the employment contract and that causes an injury".

For a long time, the application of the Act on Work Accidents to teleworkers was characterised by a lack of clarity. What happens if, for example, a teleworker falls down the stairs of his or her home and suffers an injury?

By the Act of 21 December 2018 containing various provisions relating to social affairs (B.M. of 17 January 2019), the legislator has filled these gaps.

When communication goes wrong

About the employee's fault and the importance of a good dismissal file

Since the entry into force of CLA 109, employees have the right to know the reasons for their dismissal. If an employee does not agree with these reasons, he or she can go to the Labour Court and claim damages on the basis of the so-called manifestly unreasonable dismissal. CLA 109 has led to an increasing number of dismissal disputes.

Newsflash - UBO Register - Deadline 30 November 2018

UBO register: legal framework 

The law of 18 September 2017 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and limitations to the use of cash (hereafter the “Law”) provides for the creation in Belgium of a centralised register of beneficial owners (the English acronym “UBO” stands for “Ultimate Beneficial Owner”) (hereafter the “UBO register”).

Newsflash: The transposition of a European Directive modifies article 17 of the Employment Contracts Act

With a view to the transposition into national law of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (hereinafter 'the Directive'), on 19 July 2018, the House of Representatives adopted a draft law and submitted it to the King for ratification.

RECENT JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION CASTS DOUBT ON THE VALIDITY OF SEVERAL URBAN PLANNING REGULATIONS

Nowadays, the Flemish environmental law makes a distinction between measures concerning spatial planning and urban building regulations. Only measures concerning spatial planning require an environmental impact assessment to be carried out. However, the articles 2 and 3 of the Strategic Environmental Assessment directive (from now on: SEA Directive) refer to ‘plans and programmes’ without making such a distinction. All ‘plans and programmes’ are subject to an environmental impact assessment.

NEXT STEP TAKEN FOR NEW BELGIAN MARITIME CODE

Next step taken for new Belgian Maritime Code

The council of ministers has sent the draft of the new Maritime Code to the Council of State on 22 December 2017.

With this step the preparations of this big reform have come to an end. Since 2006 a team of shipping law specialists has been working on this draft. After some public consultations and negotiations with several stakeholders it has been decided by the government to leave out two controversial parts of the reform. Marine insurance and cargo claims have been lifted out of the reform.

IPA 2017-2018 AND MODIFICATION OF THE WAGE NORM ACT

Every two years a wage norm, determining the margin for the development of wage costs in our country, is established in order to maintain the competitiveness of the Belgian economy.

Reclassification of a contractor’s agreement into an employment relationship: Supreme Court overrules principal because the contract is not foolproof

The phenomenon of fake self-employment is as old as labour law itself, but nevertheless remains very relevant. This is again illustrated by a judgement of the Supreme Court of 10th October 2016, where the Court stated that the right to apply disciplinary sanctions is incompatible with the existence of an independent contractor’s agreement.

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