Understanding the distinction between contractors and employees and the re-characterisation of a contractor into an employee
As part of the so-called Summer Pact, the Federal Government plans to shorten the notice period during the first 6 months of employment as a way to reintroduce the trial period.
The Federal Government wants to expand the so-called ‘flexi-jobs’ to the retail industry, department stores, etc.
The Federal Government has reached an agreement on the introduction of a mobility budget, which will allow employees to make a choice between their company car or an equivalent cash budget, which they can use freely. Before entering into force, the proposal will now have to follow the legislative procedure.
The Federal Minister of Work has prepared a preliminary draft bill regarding the use of mystery calls to counter-attack discrimination in application procedures.
The new codex – which codifies existing legislation on that subject-matter – has entered into force.
The National Labour Council recently modified the Collective Bargaining Agreement on ecocheques (CBA n° 98), particularly with a view to adapt the list of products and services which can be purchased by employees with ecocheques.
Recently, the Supreme Court ruled that an employee can only renounce the suspension (and therefore extension) of a period of notice due to vacation or incapacity for work when this period has already expired or – if it is still running – only for the part of that period that has already expired.
A new codex on the well-being of workers – which bundles the existing legislation – will soon appear in the Belgian Official Gazette.
As the Belgian legislation with regards to the dismissal of employees was thoroughly reformed on 1 January 2014, questions arose on the applicability of clauses in employment contracts, which dated from before that reform regarding the applicable period of notice. Currently, there are three tendencies in case law.