Legal insights


In its battle against social and tax fraud the legislator has modified the Act on Labour Relationships (1).

Three important modifications have been made:


Shareholders will enjoy more rights as from 1 January 2012. This results from the Shareholders' Rights Act (hereafter ‘the Act') which was ratified on 20 December 2010.


In our newsletter of January 2011 (1) we informed you that requesting a social ruling for existing labour relationships, was actually impossible.
Such a request needs to be filed within a period of 1 year as of the date on which the applicable provision will enter into force. Since the Royal Decree of 14 December 2010 provided that the provision would enter into force on 1 January 2010, this meant that the term of 1 year expired before the establishment of the Commission for the regulation of the labour relationship.


The legislator has recently provided in a protection against dismissal for fathers using their right to paternity leave. The protection applies for the basic paternity leave as well as for the paternity leave replacing maternity leave (1). Earlier this year the legislator already expanded the right to paternity leave to co-parents (2).

Remuneration Committees Mandatory for Listed Companies

In the International M&A and Joint Ventures Committee Newsletter, Jens Van Hecke wrote an article on Remuneration Committees being mandatory for Belgian listed companies.

You can find the whole article here.


Employees also punished in case of non-declared work

As of 27 April 2011, besides employers, employees can also be punished with an administrative fine in case the employer does not comply with his so-called DIMONA-obligations (immediate declaration of employment).

An administrative fine between 500 and 2.000 EUR can be imposed upon the employee.

It concerns persons with a main activity as employee, self-employed person or public servant, who perform a side-activity which has not been declared by the employer in accordance with the DIMONA-obligations.

News letter employment law 21 April 2011

ECOCHEQUES - Modifications to CBA N° 98 regarding ecocheques (1)

As of 1 January 2011, when the employee leaves the company, the employer must inform him about the number of ecocheques he is entitled to. He should also indicate when these ecocheques will actually be handed over.

Modifications non-recurring result-related benefits

The social partners have applied some changes to CBA N° 90 regarding non-recurring result-related benefits for employees.

Regarding the procedure to adopt a bonus plan according to the system of non-recurring result-related benefits, as of 1 April 2011, the standard documents attached to CBA N° 90 must be used to draft the text of the company CBA as well as the text of the adhesion act.

To determine the benefits, some additional periods have been introduced which are regarded as periods of actual work performance:

Social Elections

The next social elections must be held between 7 and 20 May 2012.

Such elections must be organized every four years in order to establish or to renew a Works Council and/or a Committee for Prevention and Protection at Work.

In practice employers will have to start their procedure already as from 9 December 2011.