Astrea / Posts by Rudi Desmet

Posts by Rudi Desmet

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 […]

Astrea advised Plantyn with the acquisition of uitgeverij Averbode and Editions Erasme

12-05-2022

Astrea recently advised the educational publisher Plantyn, part of Infinitas Learning and in control of NPM Capital, with the acquisition of Uitgeverij Averbode and Editions Erasme known from the educational magazines “DOREMI”, “ZONNEKIND”, “ZONNELAND” and “VLAAMSE FILMPJES” – all iconic titles that will further grow, also through digitalization, under the wings of its new shareholder. […]

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 […]

Astrea advised the management on the acquisition of Plastiflex Group NV from 3d investors by the IK Small Cap III Fund

04-11-2021

Plastiflex is a market-leading global supplier of high-end customised tube system solutions for the healthcare, industrial and appliances markets. Under the ownership of 3d investors, the company has been able to acquire significant market share in the healthcare and industrial markets. Its acquisition by IK Small Cap III Fund will allow Plastiflex to further their […]

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 […]

Steven De Schrijver and Rudi Desmet contributed the belgian chapter to Lexology GTDT : Technology M&A 2022

29-09-2021

Our partners and leading experts Steven De Schrijver and Rudi Desmet contributed the Belgian Chapter to Lexology GTDT : Technology M&A, published by Law Business Research in September 2021. The article is divided into Question and Answer Chapters and covers different topics including structuring and legal considerations, due diligince and purchase agreement in a technology […]

Our partners Steven De Schrijver and Rudi Desmet contributed the Belgian chapter to International Comparative Legal Guides – Technology Sourcing 2021, 1st edition

20-07-2021

The guide ICLG – Technology Sourcing Laws and Regulations, which is divided into Question and Answer Chapters by country, covers common issues in technology sourcing, including issues relating to procurement processes, dispute resolution procedures, intellectual property rights, data protection and employment law in 18 jurisdictions. All chapters are written by leading experts in this particular […]

Headscarf ban at work: neutrality or discrimination …?

12-07-2021

A recent judgment in Brussels on the headscarf ban has created quite a stir in the press and has led to a number of political discussions. For many companies, the question will now arise again whether a policy of neutrality is still permitted? In the judgement of 3 May 2021 by the French-speaking labour court […]

Hoofddoekenverbod op het werk: neutraliteit of discriminatie …?

12-07-2021

Een recent Brussels vonnis over het hoofddoekenverbod heeft heel wat weerklank gekregen in de pers en heeft geleid tot aan aantal politieke discussies. Voor heel wat ondernemingen zal nu opnieuw de vraag rijzen of een neutraliteitsbeleid voortaan nog toegelaten is? In het vonnis van 3 mei 2021 van de Franstalige arbeidsrechtbank te Brussel werd de […]

Our partner Rudi Desmet has defended the team Sniper Cycling against Wout van Aert, condemned to pay compensation to his former team

10-06-2021

Our Employment Law partner, Rudi Desmet, has defended the team Sniper Cycling, former employer of Wout van Aert, before the Labour Court of Antwerp. The court has ordered Wout van Aert (Jumbo Visma) to pay a compensation of 662,000 euros to his former employer the Sniper Cycling, the team of manager Nick Nuyens. The Belgian […]

Steven De Schrijver and Rudi Desmet publish Belgian chapter in Lexology GTDT – Technology M&A 2021

26-10-2020

Astrea partners Steven De Schrijver and Rudi Desmet have contributed the Belgian chapter to the 2021 edition of “Lexology Getting the Deal Through – Technology”, which is published by Law Business Research. GTDT works with many of the best lawyers and law firms in the world to bring together a unique legal information resource, written […]

Astrea advised DoubleVerify on the acquisition of Digital Video Technology Company, Zentrick

20-02-2020

Astrea has assisted US-based company DoubleVerify Inc. (the leading independent platform for digital media measurement and analytics), which is backed by Providence, one of the largest sector-focused PE’s with a portfolio of 60 bn USD, with the acquisition of Zentrick, a Belgian company building technology that empowers ad tech companies to deliver effective video advertising […]

Astrea has assisted NYSE-listed HubSpot with the acquisition of PieSync

15-10-2020

Astrea (with lead partner Steven De Schrijver) assisted NYSE-listed HubSpot (which offers a full platform of marketing, sales, customer service, and CRM software — plus the methodology, resources, and support — to help businesses) with the acquisition of PieSync, a Belgian company providing a solution to synchronize customer data between different business apps. Astrea was […]

Assistance of Alcopa with the set-up of a joint-venture structure with the Bergé group

06-08-2020

ASTREA advised Alcopa with the sale of 60% of its shareholding in Alcomotive, a car distributor selling 30.000 vehicles per year in 6 European countries, to Bergé Auto, which sells 150.000 cars per year in 9 markets in Europe and Latin America. ).   The transaction was managed by Frédéric Verspreeuwen, Philippe Willemsens and Seppe Laenen, […]

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 […]

COVID-19 preventive measures in the automotive industry

Astrea advised its client in respect with the COVID-19prevention measures to be taken. A number of legal issues needed to be solved: how to introduce tracking devices, temperature control at the entrance, GDPR-compliance when it is forbidden to store medical devices.

Assistance with collective bargaining agreements re. TUPE

Astrea assisted the seller in the collective negotiations with its trade unions to conclude a collective bargaining agreement when it transferred part of its employees to its subcontractor. After the transfer, Astrea assisted the buyer in the collective negotiations with its trade unions to conclude a collective bargaining agreement to harmonize the working conditions of […]

Steven De Schrijver and Rudi Desmet contributed the Belgian chapter to the International Comparative Legal Guide to Outsourcing 2020

24-06-2020

Astrea’s Corporate & Technology partner Steven De Schrijver and Astrea’s Employment partner Rudi Desmet contributed the Belgian Chapter of the International Comparative Legal Guide to Outsourcing 2020 (5th edition). This guide, which is divided into Country Question and Answer Chapters, covers common issues in outsourcing laws and regulations in a number of jurisdictions – including […]