Labour and Employment Compliance in Belgium

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Labour and Employment Compliance in Belgium Fifth edition By Chris Van Olmen Overview Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Belgium. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Belgium on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers’ compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers. For more information, visit kluwerlaw.com/store Phone: +31 (0) 172 641562 • Email: [email protected]

Transcript of Labour and Employment Compliance in Belgium

Labour and Employment

Compliance in Belgium Fifth edition

By Chris Van Olmen

Overview

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Belgium. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Belgium on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining.

The volume proceeds in a logical sequence through such topics as the following:

written and oral contracts

interviewing and screening

evaluations and warnings

severance pay

reductions in force

temporary workers

trade union rights

wage and hour laws

employee benefits

workers’ compensation

safety and environmental regulations

immigration law compliance

restrictive covenants

anti-discrimination laws

employee privacy rights

dispute resolution

recordkeeping requirements

A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

For more information, visit kluwerlaw.com/store Phone: +31 (0) 172 641562 • Email: [email protected]

KluwerLaw.com/Store

ISBN: 9789403527802 • Released: September 2020 Price: € 60 - $ 67 - £ 53 • Format: Softcover, 152pp Available in our eStore and Digital Book Platform

Labour and Employment Compliance in Belgium Fifth Edition By Chris Van Olmen

Table of Contents The Authors List of Abbreviations Preface Contributions General Introduction Part I. Land Chapter 1. Meaning of Land Chapter 2. General Classifications Chapter 3. Co-ownership Chapter 4. The Torrens System Chapter 5. Caveats Chapter 6. Leases Chapter 7. Licences Chapter 8. Easements Chapter 9. Covenants Relating to Land Chapter 10. Mortgages Chapter 11. Planning Law Chapter 12. Neighbourhood and Urban Problems Chapter 13. Comparative Property Law Part II. Personal Property Chapter 1. General Classifications Chapter 2. Security Interests Part III. Acquisition of Property Rights Chapter 1. Contract for the Sale of Land Chapter 2. Contract for the Sale of Goods Chapter 3. Transfer upon Death Chapter 4. Possession and Appropriation Chapter 5. Accession and Specification Chapter 6. Expropriation Chapter 7. Insolvency Part IV. Trusts Chapter 1. Introduction to Trusts Chapter 2. Express Trusts Chapter 3. Formalities Chapter 4. Constitution Chapter 5. Resulting Trusts Chapter 6. Constructive Trusts Chapter 7. Trustee’s Duties Chapter 8. Fiduciary Duties Selected Bibliography Table of Cases Table of Statutes Index

Author Legal Compliance in Belgium 1. The Legal Framework 2. Contracts of Employment 3. Recruiting, Interviewing, Screening and Hiring Employees 4. Managing Performance/Conduct 5. Termination of Employees for Performance or Disciplinary Reasons 6. Lay-Offs, Reductions in Workforce and/or Redundancies as a Result of Job Eliminations or Other Restructuring 7. Labour and Employment Law Ramifications upon Acquisition or Sale of a Business 8. Use of Alternative Workforces: Independent Contractors, Contract Employees and Temporary or Leased Workers 9. Obligation to Bargain Collectively with Trade Unions: Employees’ Right to Strike and a Company’s Right to Continue Business Operations 10. Working Conditions: Hours of Work and Payment of Wages – By Statute or Collective Agreements 11. Other Working Conditions and Benefits: By Statute, Collective Agreements or Company Policy 12. Workers’ Compensation

13. Company’s Obligation to Provide a Safe and Healthy Workplace 14. Immigration, Secondment and Foreign Assignment 15. Restrictive Covenants and Protection of Trade Secrets and Confidential Information 16. Protection of Whistle-Blowing Claims 17. Prohibition of Discrimination in the Workplace 18. Smoking in the Workplace 19. Use of Drugs and Alcohol in the Workplace 20. AIDS, HIV, SARS, Blood-Borne Pathogens 21. Dress and Grooming Requirements 22. Privacy, Technology and Transfer of Personal Data 23. Workplace Investigations for Complaints of Discrimination, Harassment, Fraud, Theft and Whistle-Blowing 24. Affirmative Action/Non-discrimination Requirements 25. Resolution of Labour, Discrimination and Employment Disputes: Litigation, Arbitration, Mediation and Conciliation 26. Employer Recordkeeping, Data Protection and Employee Access to Personnel Files and Records 27. Required Notices and Postings