Lexology GTDT - Labour & Employment 2021

For a third year in a row VOW's Chris Van Olmen has contributed to the Getting The Deal Through Guide Labour & Employment section for Belgium on Lexology. This years GTDT  can be consulted for free on the website of Lexology, where it is also possible to download it as a PDF (you can also find this download below).

The GTDT - Labour and Employment also contains chapters for 50 countries. The compare tool allows you (after you create a login) to easily make a comparison between the applicable rules of different jurisdictions of your choice, regarding the topics which you are interested in. 

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The Labour and Employment section provides on overview on the following topics:

LEGISLATION AND AGENCIES

  • Primary and secondary legislation
  • Protected employee categories
  • Enforcement agencies

WORKER REPRESENTATION

  • Legal basis
  • Powers of representatives

BACKGROUND INFORMATION ON APPLICANTS

  • Background checks
  • Medical examinations
  • Drug and alcohol testing

HIRING OF EMPLOYEES

  • Preference and discrimination
  • Written employment contracts
  • Fixed term employment contracts
  • Probationary period
  • Classification as contractor or employee
  • Temporary agency staffing

FOREIGN WORKERS

  • Visas
  • Spouses
  • General rules
  • Resident labour market test

TERMS OF EMPLOYMENT

  • Working hours
  • Overtime pay
  • Vacation and holidays
  • Sick leave and sick pay
  • Leave of absence
  • Mandatory employee benefits
  • Part-time and fixed-term employees
  • Public disclosures

POST-EMPLOYMENT RESTRICTIVE COVENANTS

  • Validity and enforceability
  • Post-employment payments

LIABILITY FOR ACTS OF EMPLOYEES

  • Extent of liability

TAXATION OF EMPLOYEES

  • Applicable taxes

EMPLOYEE-CREATED IP

  • Ownership rights
  • Trade secrets and confidential information

DATA PROTECTION

  • Rules and obligations
  • Privacy notices
  • Data privacy rights

BUSINESS TRANSFERS

  • Employee protections

TERMINATION OF EMPLOYMENT

  • Grounds for termination
  • Notice
  • Severance pay
  • Procedure
  • Employee protections
  • Mass terminations and collective dismissals
  • Class and collective actions
  • Mandatory retirement age

DISPUTE RESOLUTION

  • Arbitration
  • Employee waiver of rights
  • Limitation period

UPDATE AND TRENDS

  • Key developments of the past year
  • Coronavirus