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  • Article

    Non-Solicitation Agreements Between Companies Can Violate Competition Law

    The Belgian Competition Authority (BCA) has sanctioned Securitas, G4S and Seris for various malpractices in the private security sector. The reasons include price-fixing...
    BelgiumAntitrust/Competition Law
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Van Olmen & Wynant Joins The WhistleB Partnership Programme In Belgium

    As the EU Whistleblower Directive is being adopted in more and more EU member states, we are delighted to welcome Belgium's Van Olmen & Wynant as a WhistleB partner.
    BelgiumEmployment and HR
    NAVEX
    NAVEX
  • Article

    Contribution To Publication With Jurimesh On Term Sheet Risks

    Our Corporate and M&A Team, in close collaboration with Jurimesh, had the pleasure of publishing a short blogpost on the risks of a term sheet and its impact on the long form agreement.
    BelgiumCorporate/Commercial Law
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    CJEU Rejects Gender Discrimination Claim Regarding Higher Cost Allowance For (Male) Pilots Than For (Female) Cabin Crew

    In the Air Nostrum case C-314/23 of 4 October 2024, a trade union of cabin crew workers and the Spanish public prosecutor claimed that the collective bargaining agreements that Spanish...
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Supreme Court: Dismissed Employee Has To Prove That Damage Is Probable When Claiming Damages For A Lost Opportunity

    A contractual employee of the administration of a municipality was accused of aggressive behaviour. The municipality organised a hearing in order to investigate the accusations.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    CJEU: Exclusion Of Temporary Employment Contracts From The Duty To Motivate Dismissal Violates EU Law

    The case concerns a prejudicial question from a Polish court regarding a dispute between a fixed-term worker and his former employer.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    CJEU: Exclusion Of Temporary Employment Contracts From The Duty To Motivate Dismissals Violates EU Law

    The case concerns a prejudicial question from a Polish court regarding a dispute between a fixed-term worker and his former employer.
    European UnionEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    EU Platform Work Directive Set To Be Approved

    The proposal of the Platform Work Directive was introduced on 9 December 2021 and has since then stirred a lot of controversy and discussion.
    European UnionEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Programme Act: Parental Leave For Long-term Foster Care As From July 2025

    The legislative proposal for the federal Programme Act was introduced last week in the federal parliament and is expected to be voted on this month.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Supreme Court Rules On Consequences Of Nullity Of Bonus Plan That Is Drafted In The Wrong Language

    In Belgium, the language rules for the use of documents in social relations (from employers to employees) are very strict and of public order.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Student Work Contingent Increased To 650 Hours Per Year

    The Belgian parliament approves the first measure announced by the federal coalition agreement of 31 January 2025. It concerns the increase of the maximum amount of hours that students can work...
    BelgiumTax
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Looking Ahead To The European Union Social Policy In 2024

    The European Union will hold elections in June 2024. Therefore, the coming months will be focused on finalising the work of this legislature.
    European UnionEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Changes To The European Works Council Directive To Be Formally Adopted

    EWCs should be installed when companies have over 1000 workers in the European Economic Area and at least 150 workers in two member states.
    European UnionEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Game Changer: CJEU Declares FIFA's Player Transfer Rules Unlawful

    On 4 October 2024, the Court of Justice of the European Union in Luxembourg issued a judgment that might change the game for European football clubs.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Reform Of The Social Penal Code Takes Shape

    A new sanction is introduced: the prohibition to participate in public tenders or to receive public concessions.
    European UnionCriminal Law
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Act Of 13 March 2024 On The Obligation To Motivate A Dismissal In The Public Sector Is Published

    Since 2014, workers in the private sector have been awarded the right to request a written motivation for their dismissal by the employer.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Applying Floating Work Schedules Without A Time Tracking System Is Explicitly Criminalised

    As previously discussed, the Belgian Social Criminal Code was reformed by the Act of 15 May 2024 (entry into force on 1 July 2024).
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Employer Condemned To Two Compensations For Manifestly Unreasonable Dismissal

    On 3 December 2024, the Labour Court of Appeal of Brussels issued a judgment in response to a claim for manifestly unreasonable dismissal under the Collective Bargaining Agreement (hereafter CBA No. 109).
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Legal Framework For The Obligation To Motivate A Dismissal In The Public Sector Finally Takes Form

    A recent legislative proposal sets out the future rules regarding the obligation to motivate the dismissal of contractual workers in the public sector and offer protection against manifestly unreasonable dismissal.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    New Dismissal And Discrimination Protection For Employees Undergoing A Fertility Treatment

    An Act has been passed to enhance the protection of employees undergoing fertility treatments.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant

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