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Privacy – New SCC’s

Our latest DEL-Law newsletter re the entry into force on 27 September 2021 of the Commission implementing decision (EU) 2021/914 of 4 June 2021 adopted in the aftermath of the Schrems II ruling of the ECJ and setting out new standard contractual clauses (SCC’s) for international transfer of data pursuant to the GDPR (Regulation (EU) 2016/679. Happy to assist with the burdensome implementation of those far more stringent clauses.
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Covid and telework in Brussels

Thanks to a record vaccination rate of 70%, Belgium has eased its health restrictions as of 1st September 2021. Allowing the return to the office and face-to-face meetings. Indeed the telework – that was no longer mandatory since 27 June...
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Ministerial Decree COVID

The latest version of the Ministerial Decree (MD) of 28 October 2020, as amended by MD of 26 March 2021, maintains mandatory teleworking, except for essential sectors or when the nature of the function or the continuity of management prevents...
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CLA 149 Teleworking

The National Labour Council concluded the collective labour agreement (CLA) 149 on 26-1-2021 on recommended or mandatory telework due to Covid. This CLA is suppletive, applying only to companies that do NOT have existing agreements on structural (CLA 85) or...
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COVID-19 - Update

Following the decision of the Belgian government of April 24, 2020 to proceed to a progressive deconfinement in three phases, the ministerial decree (MD) of March 23, 2020 is modified by a MD of May 8, 2020 implementing the phase 1.b as from May 11. The changes can be summarized as follows (see also in the appendix an informal coordination highlighting the changes):

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CAO90

The deadline for filing your non-recurring bonus plan based on Collective bargaining agreement ( CBA) No. 90 valid for the whole year 2020 ends today, 30 April 2020, and is not extended under COVID19. Indeed a plan valid for one year can retroact a maximum of one quarter. Not to forget.
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Social elections - COVID

Given the current lockdown and the expectation that it will last for up to 8 to 12 weeks, the social partners have decided within the G10 group to suspend the social election process at X + 36 (being the day following the communication of the list of candidates to the employer but before the posting of said lists at X + 40).

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Social elections – Occult period of protection for the candidates

Published in l'Echo |

By way of remainder, the members of the WC/ CPPW and their replacements as well as the non-elected candidates benefit from a protection against dismissal, which implies that they cannot be dismissed for reasons linked to the exercise of their mandate and a special procedure has to be followed to terminate their employment (even for serious cause). We will not revert here on these very complex and formal procedures.

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COVID-19

Here are a number of quick questions and answers - non-exhaustive - about managing Corona Virus COVID 19 in the workplace noting that under the circumstances the courts might be more "flexible":

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