ARTICLE · 29 JANUARY 2020

Restructuring: Towards Centralisation Of The Applicable Legislations?

DLA Piper UK LLP

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Further to the 2017-2018 inter-trade agreements and to the works undertaken within the Group of 10, the National Labour Council drafted an advice on the legislation

BelgiumEmployment and HR

Frédérique Gillet

Further to the 2017-2018 inter-trade agreements and to the works undertaken within the Group of 10, the National Labour Council drafted an advice on the legislation applicable to restructuring (advice No. 2149 of 17 December 2019), as well as a recommendation addressed to the joint committees (Commission Paritaire, Paritair Comité) and to the undertaking regarding restructuring (recommendation No. 28 of 17 December 2019).

There is currently no such thing as an Act on Company Restructuring, but merely a myriad of specific provisions concerning, for example, collective dismissal, plant closure, the involvement of works councils or trade union delegations, or concerning the generation pact. In some joint committees or in some undertakings, there are also collective bargaining agreements on multiple dismissals or dismissals for economic or technical reasons. As a consequence, it is not always easy to navigate between these legislations.

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