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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Posting of workers to Belgium: Notification of the liaison officer through the LIMOSA declaration

October 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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The Act of 11 December 2016 transposed the Enforcement Directive (2014/67/EC) into Belgian law. This act made some modifications to the Act of 5 March 2002 concerning the working, remuneration and employment conditions in case of posting of workers in Belgium and the compliance with it. One of the novelties was the obligation for a foreign employer to appoint a  liaison officer (physical person) in Belgium to act as a contact person with the Belgian  inspectorate. The Royal Decree of 14 September 2017 that was published yesterday in the Belgian State Gazette states that the liaison officer must be appointed through the LIMOSA declaration. The Royal Decree enters into force on 1 October 2017. 

Court of Justice ruling regarding the habitual place of work in “Ryanair-case”

September 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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In its ruling of this 14 September the European Court of Justice confirms its earlier case-law with regard to employees who simultaneously work in various Member States. These employees can bring proceedings before the courts of the place from where they perform the essential part of their duties for their employer. The national court must determine this place in concreto in the light of all relevant circumstances. For the cabin crew in the aviation industry, the ‘home base’ can therefore be a significant indicator, without being equated with it.  

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Discrimination on the basis of religion? A new European decision

The issue of discrimination based on religion continues to occupy the European courts.

In our newsflash of 14 March 2017 , we informed you that the Court of Justice had given its first ruling on discrimination based on religion. In a case involving a Belgian company, the Court of Justice had ruled that a neutrality policy may be constitutive of indirect discrimination, but acknowledged that it can be justified if it is the sole desire of the company to project a neutral image to third parties, which is a legitimate objective.

The Constitutional Court rekindles the debate on the necessity of a hearing prior to a dismissal in

July 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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The Constitutional Court rekindles the debate on the necessity of a hearing prior to a dismissal in the public sector

There is a long-standing controversy revolving around the question of whether a public-sector employer is obliged to conduct a hearing prior to the dismissal of a contractual worker. On 12 October 2015, the Supreme Court put an end to this controversy (see our newsflash of 6 November 2015 ). The Council of State followed the Supreme Court’s position. However, in a decision of 6 July 2017 (n°86/2017) the Constitutional Court has brought the discussion back to life.

The Code on the well-being of workers is published

June 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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The Code on well-being of workers, which coordinates the various texts concerning well-being in the workplace by grouping them in a single instrument, was published in the Belgian Official Gazette on 2 June 2017 and will enter into force on 12 June 2017. This will make it easier to find specific regulations concerning well-being of workers. It is useful to inform all the stakeholders, who play a role in the company policies on well-being of workers of this recent publication.

Binding effect of E101 certificate (current A1 form) reconfirmed by the Court of Justice

May 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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On 27 April, the Court of Justice of the European Union pronounced again on the binding effect of an E101 certificate (now A1 form). This binding effect is applicable, even if it is found by the competent institution or the courts of the host Member State that the conditions under which the worker concerned carries out his activities do not correspond to the conditions to be subject to the social security of the other Member State.

The deadline to conclude a departure agreement is fast approaching

May 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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The Act of 15 May 2014 relating to various provisions modified the concept of “departure” in the Act of 28 April 2003 relating to occupational pensions and the tax regime of these pensions and of certain occupational benefits regarding social security (“AOP”) and has introduced a definition of “multi-organizer pension schemes” (“MOPS”).

Stock options and management companies

May 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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Direct grant of stock options to the director of the management company (2)

It is confirmed, in a published ministerial circular, that stock options that are granted by a company directly to the director of a management company which performs services to such company fall within the scope of application of the Act of 26 March 1999, so that this grant can be qualified, for tax purposes, as a lump-sum benefit in kind. However, it is no longer possible to benefit from the halving of the tax valuation rates in order to valuate the taxable benefit!      

Supreme Court pronounces on Article 30 AOP: a deficit must be covered, no matter the cause

May 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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The Supreme Court ruled in a judgment of 6 March 2017 that the organiser of a pension promise must cover deficits of the vested reserves, as well as deficits regarding the minimum guaranteed return, no matter the causes of the deficits.

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Increase in the credit of additional hours for certain part-time employees

April 2017 - Employment. Legal Developments by Claeys & Engels law firm.

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In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator - in view of more flexibility for certain part-time employees - has increased the so-called “credit of additional hours”. An RD of 23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990 in this regard. Please also see our newsletter .

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