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Author: Rustam Aliev, Partner, Real Estate and Construction, Goltsblat BLP- Goltsblat BLP
Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
During the plenary session of Thursday 21 May 2015, the Federal Parliament adopted the draft bill that aims to regulate and simplify the organisation of the 2016 social elections. The new Act largely follows the opinion that the National Labour Council had delivered earlier.
An employee who was the victim of a work accident is compensated by the employer's work accident insurer, regardless who was actually responsible for the accident (and even if it resulted from the victim's own error). In return for this system of an automatic compensation, the employee can no longer file damage claims against his own employer. This principle is known as the 'civil immunity' of the employer. In a judgement of the Supreme Court of 21 May, this principle has now been slightly adjusted.
Both unemployment with company allowance (UCA) and time credit are systems in which a right to a company allowance after dismissal, respectively a right to work reduced hours or take a career break on the basis of a collective bargaining agreement (CBA), is linked to a right to unemployment benefits/“interruption benefits” (onderbrekingsuitkeringen/allocations d’interruption) based on a Royal Decree (RD).
On Thursday 30 April 2015, the Act establishing the maximum margin for the evolution of remuneration costs for 2015 and 2016 was published in the Belgian Official Gazette and entered into force.
The National Social Security Office (NSSO) no longer equates a tablet with a PC when it comes to the valuation of the benefit subject to social security contributions.
The Act regarding the promotion of employment which primarily foresees a prohibition of indexation as from April 2015 was just published in the Belgian Official Gazette.
The registry of the General Direction Collective Labour Relations has published a list on the website of the FPS with points of attention with respect to completing and filing an act of accession for the introduction of non-recurring results-related benefits.
As of today, 1 April 2015, Joint Committee no. 218 is replaced by Joint Committee no. 200. There are almost no practical implications for both employees and employers.
In a decision of 23 January 2015, the Supreme Court stated that the trial judge, asked to rule on the nullity of a non-competition clause of an independent worker which exceeds the admitted duration, has to take into account the agreement's clause which limits the scope of the nullity.
Salaries of cross-border workers will no longer become taxable in their State of residence merely because they work occasionally in a State other than the State of usual employment, provided that this occasional work lasts for less than 25 days.