The Legal 500

Legal Developments in Belgium

• Employment in more than one country - place where the employee habitually carries out his work

  place of business through which the employee was engaged
  - Claeys & Engels, member of Ius Laboris

• No social security contributions due on a 'premium for drinks'

  A 'premium for drinks' that is paid by the employer to comply with its obligation to put the appropriate drinks at the disposal of its employees is not subjected to social security contributions.
  - Claeys & Engels, member of Ius Laboris

• Gaming & Gambling Law Newsletter January 2012

  Judgment in the Rank Group plc cases (C-259/10 and C-260/10): interpretation of the principle of fiscal neutrality applied to gambling
  - ALTIUS (in cooperation with Tiberghien)

• FSMA MiFID Action Plan announced

  Like in many of our neighboring countries, the Belgian Financial Services and Markets Authority (FSMA) is taking a more persistent approach in pursuing compliance with MiFID conduct of business. In that regard it has announced a “MiFID Action Plan”.
  - Liedekerke Wolters Waelbroeck Kirkpatrick

• International mobility - limited access to the Belgian labour market

  Bulgarian and Romanian workers still need a work permit until 31 December 2013.
  - Claeys & Engels, member of Ius Laboris

• Modification of the dismissal rules as from 1 January!

  Claeys & Engels has updated the calculation modules on www.formuleclaeys.be. Higher level white-collar employees who enter into service after 1 January 2012 will, in the event they are dismissed, be entitled to a notice period, calculated on the basis of the IPA Act. The new notice period amounts to 30 days per started year in service, with a minimum of 91 days.
  - Claeys & Engels, member of Ius Laboris

• Social elections 2012: Day X-35 (between 3 and 16 January)

  On day X-35 at the latest, the employer must announce several decisions. The latter may be subject to appeal before the labour tribunal at the latest on day X-28.
  - Claeys & Engels, member of Ius Laboris

• Enantiomers and race-mates: the same product?

  On October 3 2011 the Brussels Commercial Court invalidated Lundbeck's supplementary protection certificate (SPC) for escitalopram, the 'S' enantiomer of its racemate citalopram. The court held that escitalopram is the same product as citalopram, and that the former's SPC did not comply with Articles 3(c) and (d) of EU Regulation 469/2009. The court held that it was in the interests of patients to declare the decision provisionally enforceable.
  - ALTIUS (in cooperation with Tiberghien)

• Employment Law News Flash

  Another year draws to its close. At the eleventh hour, a government was formed, a budget was agreed and political pledges were made to tackle the current adverse economic and financial climate. The year-end - traditionally a busy period with the issuing of hefty Programme Statutes - marks the beginning of intensified law-making under the reign of Di Rupo I.
  - ALTIUS (in cooperation with Tiberghien)

• Towards a new dismissal regime

  The new regime of dismissal compensation must be simple and should in no way lead to a cost increase for employers. Unnecessary procedures before the courts must be avoided. The purchasing power of the dismissed individuals must be maintained.
  - Claeys & Engels, member of Ius Laboris