Belgian Law

Home/Belgian Law

Holding your General Assembly: New COVID-19 rules for companies and non-profits

2020-04-03T15:53:09+00:00

Over the last weekend, the Belgian Minister of Justice Koen Geens, adopted a special decree to enable companies and associations registered in Belgium to meet their legal obligations with respect to their governance meetings which are generally legally required before 30 June each year. There are three options on the table: 1. Hold the General Assembly  on the date provided for by the statutes "in compliance with the quarantine measures". In other words, your GA  can take place electronically as long as members can exercise their right to vote and ask questions. 2. Postpone the meeting for up to 10 weeks after June 30 (deadline for holding GAs in general). 3. Allow your General Assembly to decide on the agenda points unanimously by written procedure. For more details see here: https://www.koengeens.be/fr/news/2020/03/29/premier-volet-d-arretes-royaux-de-pouvoirs-speciaux-relatifs-a-la-justice  

Holding your General Assembly: New COVID-19 rules for companies and non-profits2020-04-03T15:53:09+00:00

New measures for British citizens working and living in Belgium

2019-03-15T16:28:14+00:00

Belgium has taken new measures to ensure continuity of residence and employment rights of British citizens assuming that the UK may leave the European Union without any agreement on 30 March 2019. The Belgian Ministerial Council approved the draft text on Friday 18 January but it is not yet final. British people already resident in Belgium will be treated as if they continued to be EU citizens until 30 December 2020. No further action required on their part for the time being. This right of residence also enables British people to work in Belgium until 30 December 2020 without needing a work permit. Belgium will continue to apply the European rules relating to social security. This means that British citizens will continue to build up social security rights until 31 December 2020. The fact that the UK and the European Union may or may not reach an agreement will have little impact for British people who live and work in Belgium already. — Source: SD Worx

New measures for British citizens working and living in Belgium2019-03-15T16:28:14+00:00

Paternity leave for the self-employed

2019-05-06T08:43:19+00:00

We've been talking about it for a while and it should soon be a reality – paternity leave for the self-employed. The new law makes provision for self-employed fathers to enjoy a paid paternity leave of 10 days along with a €79 allowance per day. And in case one the father can’t take it, he can take titres-services/dienst-cheques instead. Read the full article by l'Echo (only available in FR). — Source: L'Echo

Paternity leave for the self-employed2019-05-06T08:43:19+00:00

BREXIT: The deadline approaches

2019-03-15T16:51:50+00:00

The Brexit deadline, set for 29th March 2019, will soon be upon us. Meanwhile there is still no deal. Regardless of the deal-no-deal situation the good news is that Brexit won't affect taxation of professional incomes. This is because these rules are governed by a bilateral tax treaty and not by EU rules. To get a more concrete picture of the potential consequences of a hard Brexit, you can read the full article written by SD Worx (only available in FR). They provide two exemples of the possible differences between the present situation and the one after Brexit. In the meantime, let's still hope that an agreement is reached in time. — Source: SD Worx

BREXIT: The deadline approaches2019-03-15T16:51:50+00:00

New notice periods during the first 6 months

2019-03-15T17:28:02+00:00

On 4 May 2018 new notice periods came into effect for contracts signed from 1 May onwards. The effect of the new rules is to reduce the notice period that employers must give employees during the first 6 months of occupation. In the first three months the employer will now have to give just 1 weeks notice rising to 3 weeks notice after three months, 4 weeks notice after four months, 5 weeks notice between 5 months and 6 months. Links: Only available in FR – Annexe au règlement de travail relative aux délais de préavis (Partena Professional) Source: http://www.hralert.be/fr/news/modele-de-nouvelle-annexe-au-reglement-de-travail (HR Alert)

New notice periods during the first 6 months2019-03-15T17:28:02+00:00

Don’t get burnt by the burn out rules

2016-10-27T12:22:30+00:00

Overwhelmed by work? The burn out epidemic continues and the Ministry of Employment is starting to organize regular inspections to ensure employers comply with legislation regarding burn out prevention (Since September 2014 every employer must develop a set of measures to prevent burn out and other psychosocial risks at work by doing a psychosocial risks analysis, creating processes for employees to submit requests for intervention, selecting a prevention advisor and informing and training all the required staff on the issue). Check your work regulations to make sure they are up to date. (required since March 2015).

Don’t get burnt by the burn out rules2016-10-27T12:22:30+00:00

EMPLOYING STUDENTS

2016-10-27T12:17:39+00:00

From 1 January 2017, students can work up to 475 hours per year (up from 50 days per year regardless of the number of hours per day worked). The effect will be to enable students to work for more hours whilst remaining within the limits for reduced social contributions (which are paid by the employer). A new online system will come into operation at the same time enabling students to check easily from their mobile phones how many hours they have left.

EMPLOYING STUDENTS2016-10-27T12:17:39+00:00

A new low for government inefficiency

2013-03-04T15:06:07+00:00

Or is it a new high (est) ever level? We  received a letter the other day from a Ministry in Wallonia informing us that our letter had been received but according to some Administrative Decision they could only respond to registered post. We were therefore kindly requested to re-send our letter, this time by registered post so that they could reply to it. You couldn’t make it up! Share your stories on our blog.

A new low for government inefficiency2013-03-04T15:06:07+00:00

Belgian Government moves to limit self-employed status

2012-11-01T11:05:34+00:00

Several years after introducing framework legislation on what qualifies as employee status and what qualifies as self-employed status the Belgian government has defined nine specific criteria to determine an individual’s working status. From 1st January the criteria will apply to manual workers only (cleaners, construction workers, security guards and transport workers) although the government may well extend the sectors covered by the legislation subsequently. […]

Belgian Government moves to limit self-employed status2012-11-01T11:05:34+00:00

Bonus schemes in Belgium

2012-02-15T10:44:24+00:00

If you are planning to set up a bonus scheme for your employees that relates to 2012 organisational objectives, you need to file your plan before 30 April 2012. […]

Bonus schemes in Belgium2012-02-15T10:44:24+00:00