Ms Esther Soetens

Esther Soetens

Updates

Employment & Immigration

New rules on temporary unemployment from 1 September 2020: start preparing now
Belgium | 19 August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force. Companies and sectors that are substantially affected by the COVID-19 crisis can continue to apply the current and simplified COVID-19 force majeure temporary unemployment regime until 31 December 2020. For sectors and companies that are not substantially affected by the COVID-19 crisis, the current COVID-19 force majeure regime can no longer be applied from 1 September 2020.

EU Posted Workers Directive: impact on employers posting workers to Belgium
Belgium | 29 July 2020

The Act of 12 June 2020 implemented the EU Posted Workers Directive in Belgium by introducing, among other things, adjustments to the Act of 5 March 2002 Relating to Labour, Salary and Employment Conditions When Posting Workers to Belgium. This article summarises the key changes introduced by the act and its impact on employers.

Share-related benefits granted by foreign parent companies: Esko strengthens view that social security contributions are due
Belgium | 15 July 2020

Benefits in general – and shares and restricted stock units in particular – attributed by a third party (eg, a foreign parent company) to employees of a Belgian (group) company will, in principle, be subject to Belgian social security contributions. If followed, the Ghent Labour Court of Appeal's recent decision in Esko will make it even harder, if not impossible, for international groups to avoid the payment of social security contributions.

Reopening your workplace after lockdown: 10 key questions
Belgium | 08 July 2020

With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during their employees' return to work, including what are employers' health and safety obligations, must employers consult staff or employee representatives on their health and safety measures and do fines or penalties for non-compliance exist?

No retroactive suspension of notice period due to COVID-19 temporary unemployment
Belgium | 24 June 2020

Until now, there has been no suspension of the notice period served on employees who have been made temporarily unemployed under the specific 'COVID-19 regime'. As employers could dismiss employees 'cheaply', a draft bill to suspend the notice period in the event of COVID-19 temporary unemployment was submitted in Parliament. The Chamber of Representatives has now voted to introduce the law without retroactive effect. But what does this mean for employers?

FAQs: Employment Ministry's and DPA's new positions on checking employees' temperatures
Belgium | 17 June 2020

The controversial issue of whether employers can check their employees' temperatures has been much debated. The Employment Ministry and the Data Protection Authority (DPA) have recently changed their positions in this respect. The Employment Ministry allows temperature checks, but only during the COVID-19 pandemic and provided that the decision to introduce such checks is included in the company's work rules. The DPA has also clarified its position regarding the processing of personal data.

Social elections procedure postponed due to COVID-19
Belgium | 13 May 2020

As a result of the COVID-19 crisis, the social partners have decided to suspend the current social election procedure and postpone its continuation until after the summer. This article outlines the most important consequences of this postponement for employers.

How to introduce a temporary COVID-19 unemployment regime based on force majeure
Belgium | 29 April 2020

Until recently, when considering implementing a temporary unemployment regime within a company, employers could, depending on their specific situation, apply for the temporary unemployment regime based on either 'force majeure' or 'economic reasons'. The government has implemented a temporary COVID-19 unemployment regime whereby if an employer is faced with temporary unemployment due to the COVID-19 pandemic, this situation is automatically considered to be force majeure.

New COVID-19 employment measures to respond to economic crisis
Belgium | 29 April 2020

The government has adopted new socio-economic measures that aim to support the Belgian economy during the COVID-19 economic downturn. Most of the measures seek to encourage individuals to continue working and allow for more flexibility in the way that work can be carried out. This article provides an overview of the different measures that have been approved by the Council of Ministers.