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, minimum wages, electronic registration of the presences of workers (checkinatwork), declaration of a construction sites. Posting agreements and employment contract for local hires were also drafted.
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.
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 with the Dutch lawyer and won the appeal in the Belgian labour court of appeal. The court accepted that mandatory local Belgian law prevailed over the contractual Dutch law
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.
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 the employees transferred to it.
Astrea’s Corporate & Technology partner Steven De Schrijver and Astrea’s Employment partner Rudi Desmet have contributed the Belgian Chapter 1 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 regulatory framework, legal structure procurement process, transfer of assets, employment law, data protection issues and information security, customer remedies, tax issues, insurance, intellectual property, liability and dispute resolution. All chapters are written by leading experts in this particular practice area.
Read the complete chapter written by Steven De Schrijver and Rudi Desmet: ICLG Outsourcing 2020 – Chapter 1: Belgium.