Caught in the Act… of Taking Vacation (Echo 21-5-2024)

In an article published in L’Echo on May 21, 2024, Me Christophe Delmarcelle, a partner at DEL-Law, examines an intriguing case from the United States: a worker, whose vacation request was denied, sent her twin sister to work in her place. This ruse, revealed on social media, raises numerous legal questions.

What Belgian law says

Me Delmarcelle explains that under Belgian law, an employment contract is "intuitu personae," meaning it is based on the identity and personal skills of the worker. Any delegation or substitution, even temporary, constitutes a serious violation.

Furthermore, the contract imposes obligations of good faith and loyalty: deceiving one’s employer, even without malicious intent, undermines the essential trust in the employment relationship. Such behavior could, depending on the circumstances, justify dismissal for serious misconduct.

This situation also highlights confidentiality and security issues. By sharing badges and IT access, the worker exposed her employer to significant risks. Moreover, it is likely that the work was not performed as expected, further breaching contractual obligations.

"Sending one’s twin sister to work in one’s place constitutes gross misconduct and bad-faith deception."

While the American employer opted for a strict warning, Me Delmarcelle reminds us that in Belgium, any disciplinary action or dismissal must comply with legal regulations and workplace rules.

This article underscores the importance of good faith obligations and the personal nature of employment contracts. Even for vacations, rules cannot be bypassed without consequences.