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ARTICLE · 11 SEPTEMBER 2024

What Employers Should Know About Belgium's Civil Code Extra-Contractual Liability Rules

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In order to reassure its employees or future hires, a company could also consider setting up a company policy whereby it undertakes, for example, to provide legal assistance...

BelgiumEmployment and HR

Businesses will need to address their liability concerns around auxiliary persons, including their employees

The reform of Book 6 of the Civil Code approved by the Belgian House of Representatives in February will have a significant impact on commercial and corporate law – but it will also have a distinct, if more contained, impact on employment law.

The new Book 6 of the Civil Code focuses on "extra-contractual liability" and comprises 55 articles modernising the previous law that consisted of only six articles. The new rules enter into force on 1 January 2025.

Under the Civil Code, the employer is liable vis-à-vis third parties for damage caused to those third parties (contractors) through the fault of their employees during and in connection with the performance of their duties – and without fault on the part of the employer being required.

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