Partnerblog
A 2023 To Do List for HR Professionals
A 2023 comes with a package of new labor and employment law measures that affect HR.
IT contracting – from negotiation to management and exit: 10 commands
Businesses are increasingly engaged in the digital transformation of their processes and in constant need of a wide array of IT services going from software (especially so-called Enterprise Resource Planning (ERP) software) to hosting services. This leads to a multiplication of IT arrangements and contracts.
New Belgian Labour Deal, 5 points you should be aware of
On 10 November 2022, the Various Labour Provisions Act was published in the Belgian State Gazette. Here we briefly address the most important topics of the Belgian labour deal.
Labour deal 2022: Right to disconnect
One of the measures of the labour deal (Act of 3 October 2022 on various labour provisions) on working time is the introduction of a right to disconnect.
HR Privacy Issues in Belgium: What does the GDPR mean today?
On November 29, 2022, Crowell & Moring’s Yung Shin Van Der Sype gave a webinar covering one of the most important HR privacy issues in Belgium today – the actual impact, four years on, of the GDPR. This blog post summarizes the main points discussed during that webinar.
What is the true Impact and Role of AI in Contract Lifecycle Management for Legal?
Does a day, week or month go by without hearing how AI can be a productivity booster for your way-of-working or how AI makes it possible to do more with less effort? In today’s hype-filled world of technology, based on artificial intelligence, the value of AI for contract management does not only extend to sales, procurement, and finance departments, but also the legal department is facing this innovative technology to improve their way-of-working.
Labour deal 2022: 7-day notification term for variable work schedules
On 10 November 2022, the Act of 3 October 2022 on various labour provisions was published in the Official State Gazette. On our website we will address the most important measures of the Labour Deal. This article concerns the new 7-day notification term for variable work schedules.
New Vertical Block Exemption Regulation (VBER) and guidelines: what’s changing for distribution relationships?
On September 20, 2022, Thomas De Meese and Marieke Van Nieuwenborgh presented a webinar on the new competition rules applicable to distribution relationships which entered into force on May 10, 2022.
Government aims to extend investigation and assessment periods
On 3 October 2022, the Belgian Federal Government introduced a draft bill containing various tax and financial provisions with the Chamber of Representatives. It includes a wide range of tax measures, mainly impacting procedural aspects. With this bill, the Government seeks to implement the "Second Action Plan for a coordinated anti-fraud policy" launched by the Minister of Finance (cf. our Newsflash of 29 April 2022 (Dutch)).
The reintegration procedure 2.0 and new rules for the termination of an employment contract due to medical force majeure
A new Royal Decree of 11 September 2022 has been adopted to amend the part of the Code on well-being of workers that concerns the reintegration procedure. This Royal Decree has come into force on 1 October 2022 and contains various reforms. In addition, the government submitted a legislative proposal on 14 September which aims to establish a procedure of its own with regard to the termination of the contract for medical force majeure. This procedure was initially included in the reintegration procedure, but now it will be separated.
A practical look at the Legal department’s favourite legal tech applications
It’s no secret that legal departments are under ever-increasing pressure to do more with less. Higher workloads and smaller budgets are forcing in-house lawyers to come up with innovative ways to work more efficiently. Many in-house legal teams therefore turn to legal technology solutions to cope with the increased demands.
The danger of prohibited lease of personnel in case of secondment to Belgium
Also during a secondment to Belgium, attention should be paid to the rules around prohibited lease of personnel. Indeed, a violation of the principle of prohibited lease of personnel can have serious financial consequences. This was once again confirmed by the judgment of the Nivelles labour tribunal of 13 January 2022. These decisions highlight the importance of structuring your secondment in line with Belgian mandatory legislation regarding prohibited lease of personnel, either via a tripartite intra-group secondment agreement or a subcontracting arrangement.
Important change in dismissal law as from 2023: Saturday no longer considered a working day
In Belgian employment law, Saturday is in principle considered a working day (in contrast to Sunday and legal holidays) even if the employees are not working on this day.
The European Commission updates rules for cooperation between competitors
On March 1, 2022 , the European Commission published its draft revised Horizontal Block Exemption Regulations (HBERs) and Guidelines for Horizontal Cooperation Agreements (Guidelines ). The stated aim of the revision is to make it easier for companies to cooperate in economically desirable ways and contribute to the digital and green transition. The current HBERs are set to expire on December 31, 2022 and it is therefore to be expected that the final revised HBERs and Guidelines will be adopted before the end of this year.
The new impact of the Brussels I regulation on arbitrators: analysis of the latest ruling of the European Court of Justice
In a judgment rendered on June 20, 2022, the Grand Chamber of the European Court of Justice (ECJ) ruled that a judgment rendered by a Court of a Member State in the terms of an arbitral award may in principle serve as a basis for refusing to recognize a subsequent irreconcilable judgment of another Member State. Nevertheless, this rule does not apply where the recognition decision leads to a result which a Court of a Member State could not have achieved directly without violating the fundamental provisions and objectives of the famous Brussels I Regulation. If at this stage this decision seems convoluted, let us detail the stakes of this ruling which will certainly be talked about among scholars and practitioners of law.
The competent jurisdiction for international workers: how to find the place where the employee habitually works.
The concept of the “place where the employee habitually works” is an essential concept for determining which employment law is to be applied and which jurisdiction is competent. According to a recent case of the Belgian Supreme Court (Cour de Cassation), this concept should not be interpreted in a purely quantitative way, as in the place where the employee works the majority of his time.