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.
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.
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?
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.
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?
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?
In order to carry out her work, an employee has been issued a mobile phone by her employee. The company does not have a mobile phone policy so there is no specification as to whether it may be used for private purposes. The employee assumes, on this basis, that unlimited private calls may be made.
Employees, by definition, do not work during holidays. Fortunately, neither blue- or white-collar workers suddenly lose their salaries during their holidays. However, holiday pay for both groups of workers is not calculated and paid out in the same way. We will explain how this works and also the exceptions such as variable salary and corrections.
Employers sometimes have no alternative but to impose a sanction on an employee. But in order to sanction an employee, an employer must comply with several basic rules. Employers who fail to do so risk having their imposed sanction declared invalid by the courts.