A company is sold: new bosses, new laws?
A company gets sold, in full or in part. That invariably makes employees nervous. Fortunately, there is no need to panic: the new bosses must fully respect existing employment contracts.
The benefits of the collective non-recurring result-related bonus
These days, almost everything in the relationship between employer and employee is labelled as wages, with all the consequences in terms of social security and taxation. A bonus via CLA 90 is an exception in this regard, as it is a legal system for employees, whereby only a personal social security contribution is withheld that is not subject to withholding tax on wages. It goes without saying that workers and trade unions are advocates for such a system.
Employee's Waiver of Rights
The King can relinquish his claim to the throne. But can his subjects also waive their rights as employees vis-à-vis their employer? Could employees waive, for example, their rights to wages, a thirteenth-month bonus, bank holiday pay, holiday money, severance pay ... if they did not wish to receive this?
Should the employer have to justify the employee's dismissal?
Contrary to what many may think, Belgian labour law does require employers to formally justify a dismissal. Employees can be dismissed verbally or in writing with the 'simple' announcement that they will be dismissed from a certain date. So without any detail about the motives that played a role in this dismissal. Are employees always left out in the cold when they are dismissed?
Secrecy is an obligation for employees
During the employment contract, an employee may become privy to business secrets or confidential information related to the employer. Employees must realise that - even if not a word is said about this in the employment contract - there is a fundamental duty of confidentiality.
Should you pay severance pay immediately or not?
When an employee is dismissed, the employer may opt for immediate dismissal, without the employee in question having to carry out any more work, or for dismissal with the employee having to work their notice. During a notice period, the employment contract continues as usual and the salary is paid at the normal times. In the event of immediate dismissal, the employer is held to pay a severance payment.
Smoking at work: what is allowed and what is not?
A heavy smoker might be tempted to light a cigarette in the company car or outside on the company premises. However, the Smoking Ban Act of 22 December 2009 has firmly called a halt to this indulgence.
Can an employer simply change the function of an employee?
It can happen that an employer wants to change the function of an employee. If there is mutual agreement, this is, of course, perfectly possible. From a strictly legal point of view, an addendum does not even need to be drawn up. However, it is advisable to do this so that both parties know where they stand.
Dismissal for absenteeism
An employee simply fails to turn up for work. Her employer is not even informed. No form of justification, such as a medical certificate, is forthcoming. In response, the employer sends a letter by recorded delivery requesting that the employee presents herself again for work immediately or justifies her absence.
Recruitment through employment agencies
The motives that the legislator provides for recruitment through employment agencies are clear: it must involve temporary situations, whereby the company has an acute personnel shortage and this is remedied by taking on agency staff. In reality, however, agency work has evolved considerably to become a highly efficient means of recruitment.
The implications of a strike
Now that there is every likelihood that another national strike is on its way, the question arises what the personal effects are for the strikers in terms of labour legislation. Are strikers entitled to pay and holidays? What are the rights of blue-collar workers and temping staff? What if strikers become involved in an accident?
GDPR: surely you have already looked into data protection?
On 24 May 2016, the European GDPR Regulation (General Data Protection Regulation) came into force. This regulation governs the processing of personal data and includes a number of amendments to the current Belgian Privacy Law. The impact of these changes on your business should not be underestimated. A transitional period of 2 years has been provided. This means you have until 25 May 2018 to ensure your company is ready to fulfil the new obligations.
What happens to the company car at the end of the journey?
When an employee is dismissed, the company car is often a point of discussion. How long may the dismissed employee continue to use the company car? What if he/she damages the vehicle or incurs a traffic fine after dismissal? And does the notice period also apply to the company car?
Who takes responsibility for professional misconduct: employee or employer?
A cashier makes an error and a customer is incorrectly given a 100 Euro discount. An operator accidentally drains a toxic product into the canal. A market analyst loses a huge sum of money for his employer due to an incorrect market forecast. These are all real situations. But who should take responsibility for this damage?