On 10 October 2016, the Supreme Court overruled a judgment of the Labour Court of Appeal of Antwerp. This judgment deemed that a security guard could perform his activities for a security company on a self-employed basis despite the company being able to apply disciplinary sanctions provided by the company’s work regulations. The Supreme Court has found this to be incompatible with a contract for self-employment.
The European Court of Justice (ECJ) ruled in a judgment of 26 October 2016 that the withholding of the Belgian health and disability (HDI) contribution (3.55%) and solidarity (SOL) contribution (up to 2%) on pension benefits violates European rules when the pensioner at the time of the payment is covered by the social security legislation of another Member State of the European Economic Area (EEA). The judgment questions the current legislation and the practice of the Federal Pensions Service, which oblige pension providers to withhold the INAMI and SOL contributions, even when the recipient is covered by the social security legislation of another Member State.
In our 13 October 2015 newsflash , we informed you that in a decision of 6 October 2015 in the Schrems case the European Court of Justice had declared the “Safe Harbor” framework invalid. Before, this framework ensured that the massive data traffic from Europe to the United States was considered to be safe if an American data recipient had joined it.
The new list of flat rate daily allowances that the Federal Public Service Foreign Affairs grants to its employees who go on short business trips abroad was approved by Ministerial decision of 29 March 2016 . The amounts of the daily allowances remain the same as last year.