Employers & labour relations
Mastering social risk, from hiring to restructuring.
JANSSENS Law Firm advises employers throughout the entire employment relationship. Drafting of contracts and work rules, terminations and notice under the single-status regime (Act of 3 July 1978), restructurings and the Renault procedure, occupational accidents and well-being, as well as defence in social criminal law.
What you need to know
How is the notice period calculated in Belgium?
Since the single status, notice is calculated in weeks based on seniority, with no distinction between blue- and white-collar workers. Specific rules apply to contracts predating 2014 (two-step calculation) and to certain situations (dismissal for serious cause, fixed-term contracts). We calculate the notice or the compensation in lieu and secure the termination procedure.
What is a manifestly unreasonable dismissal?
Collective Bargaining Agreement No. 109 sanctions the manifestly unreasonable dismissal of a worker. The employer must be able to justify the reason (capacity, conduct or the operational needs of the business); failing that, compensation of 3 to 17 weeks may be due. We document the reason in advance and defend the employer in the event of a challenge.
What obligations apply to collective redundancy?
A collective redundancy triggers a prior information and consultation procedure, known as the Renault procedure. The employer must inform and consult employee representatives, notify the authorities and observe strict time limits before any decision. Non-compliance exposes the employer to the nullity of the dismissals. We steer the procedure from start to finish.
How to draft a valid non-compete clause?
A non-compete clause is valid only if it meets strict conditions of duration, territory and remuneration. The Act of 3 July 1978 requires, in particular, compensation in return and reserves the clause to certain functions and salary thresholds. A poorly drafted clause is void. We secure it, along with training-cost and confidentiality clauses.
What to do in the event of an occupational accident?
Occupational accidents fall under a specific compulsory insurance regime. The employer must declare the accident to its statutory insurer within the time limits; the worker receives flat-rate compensation. Disputes may concern the classification of the accident or the degree of incapacity. We assist the employer with its obligations and its disputes.
What is social criminal law?
Social criminal law sanctions breaches of labour and social-security legislation. Undeclared work, well-being at work, working time, employment of foreign workers: inspections by the social inspectorate may lead to administrative fines or prosecution. We assist the employer during inspections and provide its defence.