Partnerblog

Do’s and don’ts in the event of a crisis situation within a company

Companies shouldn't ask themselves if they will ever be faced with a crisis but rather when this will be the case. Modern means of communication present a vast number of opportunities but also entail a wide variety of risks. Managing these risks requires special attention. Without arguing for a moun-tain of paperwork and red tape, we believe it's important for each company to have at least the ap-propriate internal procedures and mechanisms to manage the risks it faces.

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Time registration obligation: what if you do not have one (yet)?

The Court of Justice of the European Union (CJEU) ruled in a 14 May 2019 judgment that Member States should provide for mandatory time recording in their legislation. Although Belgium does not have such an obligation so far, the Court’s judgment is not without consequences. This is already evident from a 22 May 2020 judgment by the Labour Court of Brussels, according to which, an employer without a time registration system can no longer assume a purely passive role when an employee claims overtime arrears (without sufficient proof due to a lack of time registration data). The employer will itself have to provide the necessary evidence to dismiss the claim or will risk an order to pay the claimed amount.

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Revival of enforcement against vertical relationships may call for a rethink of distribution practices

A €40 million fine was imposed on a clothing company for a new type of competition law infringement as well as behaviour long recognized to constitute a hardcore infringement. The European Commission's Guess decision reflects the current renewed interest in taking enforcement action against vertical agreements and in adapting the competition rules to new business practices.

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