New notice periods during the first 6 months

Posted May 11th, 2018 in Belgian Law, Corporation, NGO by Louise

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.

Only available in FR – Annexe au règlement de travail relative aux délais de préavis (Partena Professional)

Source: (HR Alert)

Not so much flexibility at work after all

Posted May 11th, 2018 in Corporation, Human resources, NGO by Louise

Four employees in ten are too scared to ask for a flexible work pattern, fearing that if they do, they be passed over for promotion at another point in their career. The study by Mercer makes the claim on the basis of interviews with 7600 managers.

Only available in FR – Flexibilité au travail : 4 employés sur 10 inquiets pour leur promotion (communiqué de presse de Mercer)

Source: (HR Alert)

1 in 4 contracts ends in separation within 12 months

Posted May 11th, 2018 in Corporation, Human resources, NGO by Louise

Despite the time and effort that goes into recruiting and inducting new staff members, a quarter of newly hired permanent employees leave within a year, usually at the request of the new staff member, according to an analysis of 44,000 contracts conducted by Acerta. The problem is often due to poor integration of the new employee into their team

Only available in FR – Un quart des CDI ne durent même pas un an (L’Echo)
Only available in NL – Slechte onboarding: 60% van nieuwe medewerkers overweegt vertrek (Robert Half)

Source: (HR Alert)

Personal use of company mobile phone not automatically taxed as a benefit in kind

Posted May 11th, 2018 in Corporation, Expenses, Human resources, NGO by Louise

The finance minister recently made waves by stating that no benefit in kind need be applied for a mobile phone provided to employees as long as the latter pay the costs related to personal use. These costs could be established with a system of split billing or by setting a realistic amount.

Only available in FR – Outils IT : les nouveaux forfaits confirmés au niveau social…mais incertitude en cas de split billing (Group S)

Source: (HR Alert)

Be precise on the reasons for contract termination

Posted May 11th, 2018 in Corporation, Human resources, NGO by Louise

When you dismiss an employee, he or she has the right to know the exact reasons. To avoid future discussion or even a court case, it is best to specify the precise reasons for the dismissal on the C4.

Obligation to justify the dismissal – A clear C4 may be sufficient
Since 1st April 2014, a dismissed employee has the right to know the concrete reasons which led to his/her dismissal.

The employer is not required to justify each dismissal automatically – you must do so only if the employee asks you to. If you receive such a request, you must provide the exact reasons by registered post within 2 months from the date that the employee asked you (also by registered post). However if you have already provided the specific reasons in the C4 then no further justification is required.

Source: (HR Alert)

No light at the end of the tunnel yet for the Flemish labour market

Posted May 11th, 2018 in Corporation, Human resources, NGO by Louise

The labour shortage in the Flemish market could last another decade according to Steunpunt Werk (KU Leuven). Some 800.000 employees aged 50 plus are getting closer to retirement, but their replacement is far from guaranteed. This is partly because young people start working later, and partly because the employment rate has already reached 85% for some intermediate categories of employment –only Sweden has a higher rate of employment.

Only available in NL – Leidt de hoge vervangingsvraag van 50-plussers tot een structurele krapte op de arbeidsmarkt (Steunpunt Werk – KU Leuven)

Source: (HR Alert)

Reduction in social security contribution rates

Posted May 11th, 2018 in Expenses, Independent by Louise

Among the many measures proposed by Belgium’s ‘taxshift’ measures, is the gradual decrease in social security contributions paid by self-employed. of the independent workers gradually decreases.

This year the final phase has come into effect with a new, lower rate of 20.5% on professional income. This rate applies to all self-employed people.

2018 social security contributions
The table gives an overview of the basic social security contributions per quarter for 2018.

According to your income, these contributions can be higher. In order to accurately estimate your income, you may use this Social security contributions simulation tool (Only available in FR and NL).

Source: Partena Professional

Better protection for self-employed who are unable to work due to illness or accident

Posted May 11th, 2018 in Independent by Louise

From 1 January 2018, the self-employed who are unable to work due to illness or an accident will get support from their mutuelle (social security fund) sooner.

The ‘waiting period’ (non-compensable period) has decreased from 1 month to 14 days. This means that from your 15th day of incapacity you will be supported by the mutuelle.

As a result you should inform your mutuelle of illness within 14 calendar days (rather than 28 days as before). This waiting period is effective from the 1st day following the beginning of the inability to work.

Note: In case of a late submission of the inability-to-work declaration, the compensations due to you will be reduced by 10% per day from the day the indemnity is due until the day the declaration is submitted.

The new rules also apply to spouses who are registered as assisting their partner with their business.

Source: Partena Professional

New reduction thresholds for provisional ONSS contributions starting in 2018

Posted May 11th, 2018 in Expenses, Independent by Louise

In the past, self-employed workers who wanted to reduce their contributions after experiencing a drop in income were often unable to do so. To try to make it easier for people to take account of fluctuations in their income, the Government has introduced 4 new reduction thresholds (to add to the 2 existing thresholds) so that more people can adjust their contributions to match their actual income.

The new thresholds are applicable to contributions from the first quarter of 2018.

Source: Partena Professional

Possibility to increase the value of gifts from employers to employees

Posted March 30th, 2018 in Events by Caroline

In principle, gifts correspond to salary
An employer can give a gift in kind – in money or as voucher – to employees. These gifts correspond in principle to salary and are subject to social security contributions. However, they are exempt from these contributions under certain conditions.

The main condition is the maximum amount per gift. See the new amounts in the table below.

Read the full article (only available in FR and NL).

Source: SD Worx