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Belgian Employment Law by Patrick Humblet,Marc Rigaux Pdf
Belgian employment law is a rather complex and atypical matter. Unlike the majority of the other European countries, Belgium distinguishes between blue-collar and white-collar workers. Furthermore, it is easier to fire an employee in Belgium than in most EU Member States. An employer does not need any form of external approval. This book gives an overall picture of Belgian employment law.
Author : Chris Van Olmen Publisher : Kluwer Law International B.V. Page : 181 pages File Size : 53,7 Mb Release : 2022-06-20 Category : Law ISBN : 9789403547046
Labour and Employment Compliance in Belgium by Chris Van Olmen Pdf
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.
Introduction to Belgian Labour Law by Patrick Humblet,Marc Rigaux Pdf
This book gives an overall picture of the principles of Belgian labour law, i.e. employment law as well as industrial relations law. The authors not only describe and analyse the legal aspects of labour relations, but also indicate developing trends in Belgium.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Belgium not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Belgium, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on labour law in Belgium not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing
Business Law Guide to Belgium by Van Bael & Bellis (Firm) Pdf
The Business Law Guide to Belgium is essential reading for all companies doing business in Belgium, as well as for their legal advisers. This book is a time- and money-saving companion that deals with the legal aspects of most commercial scenarios from a practical point of view. Topics covered in the book include company law, mergers and acquisitions, accounting law, taxation and tax law, customs and excise law, financial law, employment law, residence and work permits, distribution law, E-commerce rules, intellectual property law, antitrust law, unfair trade practices, property law, environmental law, state aid rules, product liability law, data-protection rules, judicial composition and bankruptcy, and litigation and arbitration. Written by a team of Belgian lawyers at Van Bael and Bellis, this book reflects their day to-day experience with respect to the complex legal issues that arise under Belgian business law. This book is the only comprehensive treatise of Belgian business law available in English. Established in 1986, Van Bael and Bellis is one of the few independent international law firms based in Brussels. It advises companies from around the world on international trade law, antitrust law and Belgian business law, including corporate transactions and litigation.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on labour law in Belgium not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing
Labour Law in Belgium by Roger Blanpain,Christian Engels Pdf
`The industrial worker, once the traditional base of trade union strength has been fading away. High unemployment has contributed to the weakening of the trade unions, which are. . .on the defensive.' --from the Introduction. Labour Law in Belgium provides broad, complete coverage of labour law in Belgium, beginning with definitions, historical context, sources of labour law, and other background aspects and then moving on to individual and collective employment relations. Topics covered include working time and leave, work accidents, contract termination, abusive dismissal, outplacement, the Works Council, and strikes and lockouts. This concise, clearly-written book provides advocates and administrators, management and labour, and students with an overview of all aspects of Belgian labour law, and, to the extent it falls within the scope of the book, its social, economic and political context.
European Works Councils in Belgium by Christian Engels Pdf
European works councils will have to be established in companies and groups of companies of a significant overall size and with a significant presence in at least two different Member States. It is clear that the number of affected companies, undertakings or establishments and certainly the overall number of affected workers is very high. European works councils are therefore an important phenomenon in European industrial relations. Practitioners and academics the world over need a handy instrument providing easy access to information regarding the European Directive and its significance and implementation in Member States of both the EC and the EEA. This book provides such a tool with regards to Belgium. The national legislation of Member States remains of the utmost importance, even though the establishment of a European works council within a given Community-scale undertaking or group as such is not governed by national, in this case Belgian, law. The involvement of Belgian employees in the transnational information and consultation process will, to a large extent, be subject to Belgian law in those European works councils that are established in companies or groups with subsidiary establishments in Belgium. In those cases, for example, Belgian law determines who will represent the Belgian employees in the negotiations of the Special Negotiating Body, and Belgian law determines the protection of the employee representatives in terms of wages and dismissal, etc.In light of all this, a combined study of both the European Directive and the Belgian implementing legislative measures is warranted.
Author : Roger Blanpain,Marc Van Gestel Publisher : Kluwer Law International B.V. Page : 322 pages File Size : 44,8 Mb Release : 2004-01-01 Category : Law ISBN : 9789041122667
Use and Monitoring of E-mail, Intranet, and Internet Facilities at Work by Roger Blanpain,Marc Van Gestel Pdf
Two legitimate statements in search of legal doctrine: ?An employee must have a reasonable expectation of privacy.? ?The efficient operation of the company must be safeguarded.? As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law. This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following: thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis; texts of four company codes of practice; actual views of trade unions and employers? organizations; analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives; two proposed model codes of practice, one for the individual user and one for employee representatives; and, appendices including Belgium?s National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it. The authors? focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matters?which include communications facilities at work, employer?s prerogative, the company?s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency?provide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.
The Protection of Working Relationships by Frans Pennings,Claire Bosse Pdf
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
