News & Analysis as of

Belgium

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Labour Government Proposes the Right to ‘Switch Off’

The United Kingdom continues to see rapid growth in the number of workplaces adopting remote and hybrid work arrangements, particularly in the wake of the COVID-19 pandemic. Although this new type of work offers many...more

Littler

Belgium: Checklist ✔ Required Data When Employing Third-Country Nationals Through Subcontracting

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To tackle illegal employment through subcontracting more effectively, the Flemish government improved chain liability, and introduced a duty of care. According to this duty of care, companies working with subcontractors in...more

Jones Day

Directors Beware: How to Navigate Belgium's Latest Tort Liability Changes

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The Situation: Tort liability rules for directors in Belgium changed significantly following the recent publication of a new Book 6 of the Civil Code. The new rules will enter into force on January 1, 2025....more

Ius Laboris

Rules for Workers on Musculoskeletal Problems

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Research has indicated that 60% of employees have work that frequently or always involves repetitive movements, and 24% of employees have work that often or always involves painful or tiring postures (including sitting still...more

Ius Laboris

Employment protections extended to infertility treatment

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A recent legislative amendment in Belgium introduces protection against dismissal and a prohibition of discrimination when an employee is absent due to an infertility treatment or a programme of medically assisted...more

A&O Shearman

New law expands Belgian "class actions" framework

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On 31 May 2024, a new Belgian law was published transposing the EU Collective Redress Directive into national law. The new Belgian law does not introduce an entirely new framework to allow so-called class actions as, unlike...more

A&O Shearman

Due process in internal investigations in Belgium: mixed signals given by the Supreme Court and the legislator.

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Last month, the Belgian Supreme Court ruled in a case concerning a former employee who, following an internal investigation, had been first dismissed by her employer for and subsequently convicted of several criminal...more

Littler

Shift Work and Tax Relief in Belgium: The New Law Introducing the ‘Variant Bis’ Has Been Published

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We recently reported on the saga that followed the Constitutional Court's ruling of February 8, 2024 on the conditions for applying the partial exemption from payment of withholding tax for employers organizing shift work...more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

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On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

Littler

Belgium: New Rules for Private Investigation of Employees

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During its plenary session on May 8 this year, the Chamber of Representatives in Belgium adopted a legislative proposal regulating private investigations. The purpose of this new law is to review the existing legal framework...more

Dechert LLP

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

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Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe - Part IV China, Japan, Belgium, The Netherlands, And England And...

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

White & Case LLP

Belgium Issues New FDI Guidelines

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The Belgian FDI screening regime, introduced by the Cooperation Agreement of November 30, 2022 ("Cooperation Agreement") became effective on July 1, 2023. Similar to many other European foreign direct investment ("FDI")...more

Ius Laboris

‘Cumulative’ Maternity Dismissal Compensation

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The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law....more

Littler

Belgian Courts Are Confronted with Their Jurisdictional Limitations When Presiding over Cases Involving an Employer’s Obligation...

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In its landmark ruling on May 14, 2019, the European Court of Justice held that the European Working Time Directive (Directive 2003/88) and the Charter of Fundamental Rights of the European Union (Article 31) is opposed to...more

Littler

Belgium: Training "Federal Learning Account" Online Since April 1, 2024

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To help employees manage their individual training rights, the Federal Public Service Employment in Belgium has developed a training account called the "Federal Learning Account" (FLA). ...more

Hogan Lovells

No time to waste III - Parliament and Council reached provisional agreement on PPWR

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Recently, the Parliament and the Council, under the leadership of the Belgian Council Presidency, have been able to reach a provisional agreement on a final text for a new Packaging and Packaging Waste Regulation within a...more

Latham & Watkins LLP

EU Member States Reach Agreement on Corporate Due Diligence Directive

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Following extended negotiations, the directive was endorsed with a significantly narrower scope that would reduce the number of companies affected. On 15 March 2024, EU Member States endorsed the Belgian Presidency’s...more

Hogan Lovells

Tougher enforcement of food law in Belgium

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As from 1 January 2024, a tougher enforcement regime for food law infringements awaits food business operators in Belgium. The Belgian Federal Agency for the Safety of the Food Chain has been granted additional enforcement...more

Littler

Belgium: Proposed Legal Framework Would Require Employers to Justify Dismissal of Contract Workers in the Public Sector

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On January 18, 2024, the Belgium government submitted a draft law that would require employers to justify their decisions to dismiss contractual employees in the public sector. The draft law aims to implement the Act of 26...more

Ius Laboris

Top 11 employment provisions in M&A agreements

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In mergers and acquisitions, both the seller and the buyer may need to include employment-related provisions in the M&A documentation. We have gathered together the most frequent and significant employment provisions for...more

Akin Gump Strauss Hauer & Feld LLP

Akin Space Law, Regulation and Policy Update - January 2024 #3

Good Afternoon! This is Akin’s biweekly policy newsletter on space policy and regulatory developments, providing information on major space headlines and forthcoming space-related events and hearings...more

A&O Shearman

Belgian investigations trends and developments in white collar crime

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We continue to see increased investigation and prosecution of corruption, fraud, modern slavery and workplace misconduct, especially in the construction, transportation and financial sectors. Investigations are boosted by...more

International Lawyers Network

Establishing a Business Entity in Belgium

I. INTRODUCTION - (i) Our law firm - & DE BANDT is a law firm with a multidisciplinary approach and a focus on complex litigation. It addresses legal issues within the European economy that are driven by digital...more

A&O Shearman

The BCA takes action: first investigation under the abuse of economic dependence rules

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The Belgian Competition Authority (the BCA) announced last week that it has initiated an ex officio investigation into a possible abuse of economic dependence in the agricultural sector, making this the BCA’s first formal...more

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