Sunday, December 4, 2022
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All the pieces it’s good to know in regards to the new Belgian employment legal guidelines in 5 minutes – no waffle


Over the previous couple of weeks you’ll have been bombarded with fliers and alerts on the numerous current adjustments to Belgian employment legal guidelines. A number of adjustments certainly, however what do they imply for you, and what do it’s good to do? On this publish, we’ve minimize away all the small print to return to the essence of what ought to (and what needn’t) be added to your to do listing for the approaching weeks.

Proper to disconnect

What it says – By 1 January 2023, all firms using 20 or extra workers should draft a coverage on the precise for workers to disconnect outdoors of working hours. Employers have an inexpensive diploma of latitude round content material within the coverage, so long as it’s constructed round three pillars:

  1. an summary of find out how to train the precise to disconnect,
  2. pointers for utilizing digital instruments (basically telephone and laptop computer) in a method that serves the precise to disconnect, and
  3. elevating consciousness round the usage of and dangers inherent in these digital instruments.

What you could have to do – A coverage should be agreed with the workers, both by way of the works council or, if you happen to don’t have one, by way of a change to the worker handbook. Since altering the worker handbook requires at the very least 15 days’ discover of the draft adjustments, early December is absolutely the final level by which it’s good to have a draft coverage prepared.

Implementation of the EU directive on clear and predictable working circumstances

What it says – As from 10 November 2022, Belgian employers need to present sure info on the employment relationship to workers, in the end on the primary day of employment. Data to be offered contains particulars on wage and advantages and dealing time. Employers are free to decide on the shape by which they convey this —  the employment contract for instance is an appropriate type.

The brand new regulation additionally contains provisions on exclusivity clauses (prohibiting workers from working for different employers whereas they’re working for you) which might be prohibited going ahead, “except they’re allowed by regulation”. On this stage, there may be sadly little readability on these circumstances the place an exclusivity clause will nonetheless be allowed, nevertheless it appears probably that the employer will want to have the ability to justify their use in any specific case.

Moreover the revisions introduce an obligation to supply workers the coaching required to carry out their job.

What you could have to do – For the reason that employment contract is an appropriate type of communication, and most employment contracts that cross by way of our palms are already in fairly first rate form, there may be probably not a lot to do for you. It doesn’t harm after all to have your template employment contract checked for potential enhancements. It is usually suggested to test any exclusivity clauses you’ll have in place.

Your worker handbook may even want an replace, because it ought to point out the precise to coaching and the precise to attraction a termination (which can be a easy reference to the Employment Contracts Act), in addition to another minor particulars.

Medical certificates for first day of absence

What it says – As from 1st January 2023, workers will not be required to submit a medical certificates for the primary day of a interval of incapacity for work. This is applicable to as much as three first days per yr. Firms with lower than 50 workers could decide out of this rule.

What you could have to do – Your worker handbook will must be amended by the tip of the yr:

  1. to replicate this modification, when you’ve got greater than 50 workers; or
  2. to doc any resolution to decide out, when you’ve got lower than 50 workers.

The Labour Deal and the Belgian implementation of the EU Directive on Clear and Predictable Working Situations have additionally launched different rights for workers, similar to the precise to ask for a 4-day work week (NB, not the precise to such an association, solely that the request for it’s thought-about in good religion and granted if there is no such thing as a good purpose why not], and the precise for workers with at the very least six months’ service to request a contract with extra predictable and safe working circumstances. For these adjustments you may watch for the worker to make the primary transfer —  they don’t require fast motion by the employer, besides presumably some coaching to line managers round responding to such requests in an acceptable method (i.e. not instantly rolling their eyes or falling about laughing on the mere suggestion of a diminished working week).

If we might be of assistance on any of those, whether or not by offering or reviewing a draft right-to-disconnect coverage or performing a fast scan of your worker handbook, please don’t hesitate to succeed in out to us. 

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