Lexology's Getting The Deal Through - Labour & Employment 2020

For a second 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 has expanded considerably and 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. 

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
  • 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

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