Astrea / Posts by Karine Roobrouck

Posts by Karine Roobrouck

Salary discrimination: additional obligations for employers coming up

15-04-2024

In 2022, the gender pay gap in Belgium averaged 5%. That is, women earn on average 5% less per hour than men. Belgium has already taken several legislative (with for instance the so-called ‘Gender Act’ of 2007) and policy initiatives to reduce the gender pay gap. Belgium scores better than most other European countries on […]

Have you thought of implementing the new Whistleblower Act in your company yet?

24-11-2023

As of 17 December 2023, this legislation applies to Small and Medium-sized Enterprises (50 to 249 employees). It was already in effect on 15 February 2023 for large companies (more than 249 employees). What is new for SMEs? 1. A company (=legal entity) is must provide an internal reporting channel for employees, self-employed service providers, […]

Relance hours (overtime without high wage costs): extended until 30/06/2025

25-10-2023

The system of relance hours was introduced during the corona crisis to cope with the exceptional increase of work in the crucial sectors. It was later extended to all other sectors. This system of “relance hours” was extended for the period from 1 July 2023 to 30 June 2025 (the Act of 20 July 2023 […]

What are you (not) allowed to communicate about a former employee under the GDPR?

08-05-2023

Recently, the Belgian Data Protection Authority (the DPA) has ruled again on a communication that an employer had put on its intranet to inform its staff of the departure of an employee. The employer had communicated that the employment contract had been terminated by the employer with immediate effect. The employee concerned took offence. She […]

“474 companies risk a fine for having too many long-term incapacitated employees” – Insufficient prevention

21-02-2023

Recently, a number of newspapers have reported that companies with too many long-term incapacitated employees are at risk of a fine. The National Social Security Office has sent a warning letter to 474 companies. Most of these are cleaning companies, residential care homes and hospitals. The word ‘fine’, however, is not correct. It is indeed […]

Lawful lending of staff? Yes, during the notice period: the transition trajectory

02-01-2023

One of the measures under the current government’s ‘labour deal’ is the introduction of the “transition trajectory”. Such transition trajectory allows the employer to lend the employee to another employer (the “employer-user”) during the notice period, in the event of redundancy by the employer. The transition trajectory can be requested either by the (original) employer […]

The reintegration trajectory 2.0

08-12-2022

The reintegration trajectory was originally introduced by the legislator to enhance the reintegration of employees who have been incapacitated for a longer period (long-term illness). The main objective was to see if these employees could be phased back in gently, or if adjustments to their job or workstation were needed in this respect. This reintegration […]

More work-life balance – Which changes will Collective Labour Agreement no. 162 bring

24-11-2022

A new collective labour agreement no. 162 was concluded within the National Labour Council to transpose European Directive 2019/1158 of 20 June 2019 on work-life balance for parents and family carers (Work-Life Directive). What does this mean for the employer? Employees with families have the right to request flexible working arrangements within the company to […]

Commuting by bicycle. How can you encourage your employees?

09-09-2022

As traffic jams are getting longer every day, more and more employees are discovering the bicycle as a method of commuting. To encourage this movement, the federal government has presented its Federal Action Plan “BE CYCLIST” with measurable goals in September 2021. It is a three-year plan with interim evaluations every year in September. At […]

The possibility of the simplified application procedure for temporary unemployment due to corona is coming to an end

29-06-2022

Shortly after the outbreak of the corona virus, in March 2020, employers were offered the possibility to place employees on temporary unemployment because of force majeure (corona) with a simplified procedure. It was decided that employers no longer needed to send notifications of temporary unemployment to the national employment office (RVA) and that it was […]

The corona crisis: end of the aftercare phase

17-06-2022

On 11 May 2022 the Covid 19 “aftercare phase” came to an end in Belgium. This is also the end of the obligation for companies to apply the specific measures of the vigilance phase of the “Generic Guide to Working Safely in the Event of an Epidemic or Pandemic” and additional sector guides. The Generic […]

The labour deal: towards a better work-life balance. But what does it mean for the employer?

11-03-2022

The government has recently taken decisions on a bill containing a number of labour measures, also known as the “labour deal.” The labour deal should increase the employment rate in Belgium from 71% to 80%. This bill has currently been submitted to the social partners, so the terms of these measures may still change. In […]

Copyrights compensation, a popular tool for salary optimisation

24-02-2022

Over the past ten years, personal income tax returns including income from the transfer of copyrights have increased tenfold. More and more employers are optimizing their employees’ salary package converting a reasonable portion of the gross monthly salary into copyright compensation. Beneficial tax treatment Compensation for the transfer of copyrights is taxed a lot more […]

Guidance and support from our experienced, flexible and creative employment law team

03-01-2022

Businesses are forever changing. Employees are more and more protected by laws and regulations, on a regional, national, but also European level. Belgium historically also has a strong trade union movement looking out for the workers’ best interests. Employers have to adapt to fast-changing circumstances constantly, especially in challenging times such as today, post-Brexit and […]

The period for obtaining the M or N residence card for beneficiaries of the Brexit withdrawal agreement is coming to an end

22-11-2021

United Kingdom nationals who exercised their right to reside in an EU member state in accordance with Union law before the end of the Brexit transition period can continue to reside there thereafter and vice versa. They are beneficiaries of the Brexit withdrawal agreement. According to the Brexit withdrawal agreement host states may require these […]

Covid vaccination and the GDPR

14-10-2021

A recent survey in Belgium has revealed that the majority of employers is in favour of a compulsory vaccination of their employees. Can employees be required to be vaccinated and can employers ask for proof of vaccination? The answer to both questions at the moment is: no. The processing of data concerning health is generally […]

Assistance with international employment to a UK construction company

Astrea assisted a UK based construction company that will build a data center in Belgium about the mandatory social security and employment requirements when managing construction projects and construction sites. The client was advised on LIMOSA, A1 documents, work permits and residence permits, well-being at the work place, social security and tax debts, withholding obligations, […]

Assisted a Finnish company with individual termination negotiations

A Belgian employee of a Finnish company was made redundant in compliance with the terms and conditions of his employment contract which was drawn up under Finnish law. However, based on mandatory Belgian employment law the employee claimed a higher termination indemnity. Astrea has lead the negotiations resulting in a favorable settlement agreement.

Successful appeal in a Belgian court applying Dutch employment law – Joint pleadings with a Dutch law firm

Together with the Dutch law firm, Astrea represented a Belgian employee who had left the company to settle in the US and start a competing business. The employer claimed an indemnification of 1,000,000 EUR under Dutch employment law for breach of his non-compete clause and his relation clause. Astrea prepared and pleaded the case jointly […]