It’s no secret that legal departments are under ever-increasing pressure to do more with less. Higher workloads and smaller budgets are forcing in-house lawyers to come up with innovative ways to work more efficiently. Many in-house legal teams therefore turn to legal technology solutions to cope with the increased demands.
Also during a secondment to Belgium, attention should be paid to the rules around prohibited lease of personnel. Indeed, a violation of the principle of prohibited lease of personnel can have serious financial consequences. This was once again confirmed by the judgment of the Nivelles labour tribunal of 13 January 2022. These decisions highlight the importance of structuring your secondment in line with Belgian mandatory legislation regarding prohibited lease of personnel, either via a tripartite intra-group secondment agreement or a subcontracting arrangement.
In Belgian employment law, Saturday is in principle considered a working day (in contrast to Sunday and legal holidays) even if the employees are not working on this day.
On March 1, 2022 , the European Commission published its draft revised Horizontal Block Exemption Regulations (HBERs) and Guidelines for Horizontal Cooperation Agreements (Guidelines ). The stated aim of the revision is to make it easier for companies to cooperate in economically desirable ways and contribute to the digital and green transition. The current HBERs are set to expire on December 31, 2022 and it is therefore to be expected that the final revised HBERs and Guidelines will be adopted before the end of this year.
The new impact of the Brussels I regulation on arbitrators: analysis of the latest ruling of the European Court of Justice
In a judgment rendered on June 20, 2022, the Grand Chamber of the European Court of Justice (ECJ) ruled that a judgment rendered by a Court of a Member State in the terms of an arbitral award may in principle serve as a basis for refusing to recognize a subsequent irreconcilable judgment of another Member State. Nevertheless, this rule does not apply where the recognition decision leads to a result which a Court of a Member State could not have achieved directly without violating the fundamental provisions and objectives of the famous Brussels I Regulation. If at this stage this decision seems convoluted, let us detail the stakes of this ruling which will certainly be talked about among scholars and practitioners of law.
The competent jurisdiction for international workers: how to find the place where the employee habitually works.
The concept of the “place where the employee habitually works” is an essential concept for determining which employment law is to be applied and which jurisdiction is competent. According to a recent case of the Belgian Supreme Court (Cour de Cassation), this concept should not be interpreted in a purely quantitative way, as in the place where the employee works the majority of his time.
Since the European Commission proposed its European strategy for data on 19 February 2020 (followed by the European Parliament’s resolution “European strategy for data”), the Commission has issued the Data Governance Act (DGA) and the Data Act (DA) aiming at creating a single market for data and establishing European leadership in the global data economy.
On June 20th, 2019 the EU issued a new Directive on preventive restructuring frameworks, discharge of debt and disqualifications, and measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt (hereafter referred to as ‘The Directive’), in its first attempt to harmonize substantive rules on insolvency law within the Union.
The Belgian government is currently working on several important new and amending laws and rules regarding employment law. Below, we provide a concise overview and an estimated timeline for their implementation.
Contracts for the sale of goods and for the supply of digital content and services: new rules to enter into force in Belgium on 1 June 2022
On 1 June 2022, the Belgian law transposing the EU directives on certain aspects of contracts for the supply of digital content and digital services (2019/770) and for the sale of goods (2019/771) will enter into force, thereby ushering in a number of changes.
Discrimination in the workplace anno 2022: How recent legislation and case law affects you and your company
As a society, we may never have been more aware of discrimination than we are today. This goes for the workplace as well. Perhaps your company has made a special effort to promote diversity by introducing diversity and inclusion programs, or by offering or participating in workplace diversity awards, or by implementing tools to measure and improve inclusivity, etc.
The Belgian Federal Government recently reached an agreement on the reform of the labour market. The deal includes various social policy measures, which will result in legislative changes in employment law. These measures are currently transposed in an Act regarding diverse labour provisions. Below, we present an overview of the most important elements.