The gradual contractualization of civil servants has been a reality for over a decade at all levels of government. However, the question of the definitive abolition of the famous "statute" of civil servants justifies a societal debate and undoubtedly a reminder of certain truths about this statute and the comparison with a permanent employment contract (CDI).

By Christophe Delmarcelle

A worker, whose vacation request was denied, sent her twin sister in her place. The sister posted an Instagram story to mock the situation. The employer found out. What penalty will follow?

By Christophe Delmarcelle

We are honoured to announce that DEL-Law has been nominated for the second year in a row at the HR Excellence Awards 2025, in the category "Best Labor Law Firm".  This prestigious distinction highlights our ongoing commitment to providing high-quality...

By Christophe Delmarcelle

Can an employer touch your salary? When it comes to basic salary, the answer is no, at least not without your agreement.

By Christophe Delmarcelle

The General Data Protection Regulation (GDPR) goes far beyond legal obligations. When used strategically, it becomes a powerful tool for improving your records and arguments in court cases. Lawyers, legal professionals and others in this field are invited to...

By Christophe Delmarcelle

Last week, workers at Audi Brussels stopped work following the announcement of the possible closure of the site, due to the lack of a successor for the Q8 Etron. They occupied the plant and blocked operations, including confiscating the keys to 200 vehicles. This event illustrates the growing tensions in the European automotive industry, affected by the European Union's ecological and industrial policies.

By Christophe Delmarcelle

With the spread of teleworking, employers are finding it more difficult to monitor their employees' work. To help them with this, monitoring software now offers a range of features, such as recording keystrokes on the employee's keyboard or reporting the websites consulted.

By Christophe Delmarcelle

Beware of penalties if you inappropriately monitor your employees. The conviction in France of Amazon for inappropriately monitoring its employees reminds Belgian companies of the severe penalties awaiting them if they breach the GDPR.

By Christophe Delmarcelle

On 20 February 2024, Christophe Delmarcelle will have the pleasure of hosting a lunch-debate organised by FAIB (Federation of European International Associations established in Belgium) on the Implementation and use of AI in companies - Employment law aspects. The use of...

By Christophe Delmarcelle

Me Delmarcelle's article in Echo of January 17, 2024 regarding salary optimizations in 2024. When Belgium, the undisputed champion in salary taxation, is also - for good reason - the champion of rampant salary optimizations. There seems to be no...

By Christophe Delmarcelle

Can an employer justify the dismissal of a worker by replacing him with AI or a robot? Since 2014, Belgian legislation has provided an obligation to justify the dismissal of a worker on an indefinite-term contract of more than 6...

By Christophe Delmarcelle

In the context of a dispute with his employer, an employee submits a recording of a meeting held on Teams with his HR director, notably without the knowledge of other participants. Can the judge take this into account? Naturally, the...

By Christophe Delmarcelle

The increasingly widespread use of ChatGPT or other forms of generative artificial intelligence, such as Bing or Bard, can it lead to a disciplinary sanction or even dismissal with or without just cause by an employer?

By Christophe Delmarcelle

Delhaize, Terminating a Company Collective Agreement, Is It Legal? What are the Consequences? On Thursday, February 16, 2022, Delhaize announced the termination of the currently effective company collective labor agreement regulating the organization of stores, including functions, tasks, and schedules...

By Christophe Delmarcelle

The next social elections will in principle take place in May 2024 subject to confirmation. However, to determine whether or not a company should set up a works council (CE) or a committee for prevention and protection at work (CPPT),...

By Christophe Delmarcelle

In a tragic news item, on November 17, 2022, C., a 44-year-old man living in Oostkamp, ​​murdered his two little girls aged 5 and 8 a few months after separating from their mother and while he had custody of them. When questioned, his employer for many years, the metallurgical company Sadef, nevertheless described him as a conscientious and calm employee who had never caused any problems.

By Christophe Delmarcelle

Me Christophe Delmarcelle’s article in the Echo of June 10, 2022, discusses employer surveillance of remote workers and the risks for employees attempting to evade such monitoring.

By Christophe Delmarcelle

Me Delmarcelle's article in Trends of May 26, 2022, regarding leave for job search. A useful reminder of the principles.

By Christophe Delmarcelle

Mr. Delmarcelle’s article in the April-May issue of Lettre de l'assurance (pages 28-32) explores the optimization of severance packages through lump-sum premium payments and the associated risks.

By Christophe Delmarcelle

Me Delmarcelle’s article in the Echo of March 25, 2022, discusses the risk that measures against Russians may be considered discriminatory.

By Christophe Delmarcelle

Employee blocked in Ukraine: what are the obligations and consequences for both employers and employees?

By Christophe Delmarcelle

I have been at home for two months due to illness. Can my employer take back my company car?

By Christophe Delmarcelle

The special status for foreign executives, in place since 1983, will be replaced by the new special tax regime for impatriate workers and researchers, introduced in the program law published on December 27, which adds Article 32/1 to the Income Tax Code 1992. Let’s take a closer look at a change that will cost Belgium dearly.

By Christophe Delmarcelle

The electronic signature is very framed. Reminder of important points to watch out for. Attention, a complex subject in Belgium where nothing is ever simple ...

By Christophe Delmarcelle

Par ces temps de Covid, la question du droit au silence en cas d’inspection sociale se pose de manière encore plus sensible. Certainement vu les pouvoirs très étendus de l’inspection sociale et les sanctions lourdes qui peuvent s’appliquer notamment si......

By Christophe Delmarcelle

Following the announcement of the closure of Logistics Nivelles, in addition to picket lines set up at the Nivelles site, filter barricades have been installed in Flanders to block supplies to Carrefour from Kuhne-Nagel group warehouses. Is this still the (normal) exercise of the right to strike?

By Christophe Delmarcelle

The employer's right to amend hospitalisation insurance, or when unions claim victory while losing on the essential points… Fortunately!

By Christophe Delmarcelle

Our latest DEL-Law newsletter (in French, Dutch, and English) covers the entry into force on September 27, 2021, of Commission Implementing Decision (EU) 2021/914 of June 4, 2021. This decision, adopted in the wake of the Schrems II ruling by the CJEU, introduces new Standard Contractual Clauses (SCC) in accordance with the GDPR (Regulation (EU) 2016/679). We assist you with the implementation of these much stricter clauses.

By Christophe Delmarcelle

In recent days, many people have lost everything or nearly everything due to the exceptional weather conditions we have experienced. Destroyed or flooded homes, ruined furniture, clothing, cars—for some, it’s an entire life to rebuild.

By Christophe Delmarcelle

In these times of COVID, the question of the right to remain silent during a social inspection arises even more acutely. Especially given the extensive powers of social inspectors and the severe penalties that may apply, particularly if you are...

By Christophe Delmarcelle

As part of the ‘Nethys’ judicial wave, François Fornieri, current CEO of the listed pharmaceutical company Mithra, was charged on Friday and placed under arrest. The charges relate in particular to misuse of corporate assets...

By Christophe Delmarcelle

In the context of COVID and the many possibilities offered by telecommunications technologies, one might wonder whether an employer can dismiss an employee by e-mail, Whatsapp, SMS, Messenger or via videoconferencing on Teams or Zoom.

By Christophe Delmarcelle

In February 2021, workers at Fabricom (Engie) in Ans and Charleroi protested because they suspected their employer of implementing layoffs in small "batches" to circumvent the lengthy (on average 3 to 4 months) and costly (+30% or more) Renault procedure.

By Christophe Delmarcelle

The tax circular on telework allowances. Or in other words, when the government, under the guise of legal certainty, deviates from the tax rules on expenses and benefits in kind to give teleworkers a helping hand—effectively dismantling the concept of allowances.

By Christophe Delmarcelle

Teleworking also means remote recruitment management, which raises a host of legal and practical issues The Collective Labour Agreement (CLA) 38 sets out the legal framework for the recruitment and selection of employees, and even applies to the recruitment...

By Christophe Delmarcelle

Many workers employed by Brussels companies come from Flanders or Wallonia. It must be said that the real estate and expensive rents in Brussels will have pushed some of them further and further away. And given the many shortcomings in...

By Christophe Delmarcelle

When an employee leaves, whatever the reason for his departure, it is advisable to quickly close his mailbox according to precise conditions, otherwise he may be exposed to heavy sanctions, as the Belgian Data Protection Authority's Litigation Chamber reminds us......

By Christophe Delmarcelle

The FPS Economy's statistics for the first six months of the year confirm a social disaster, the worst of which has clearly not been seen, given the recent announcements of restructurings and bankruptcies.

By indev-admin

It's hot, so hot... work is becoming hell, but what should my employer do? In these days of prolonged heatwaves, where temperatures have been in excess of 30 degrees for several days, it's a good time to remember that the French law of 4 January...

By Christophe Delmarcelle

In its ruling of October 6, 2015, the European Court of Justice (ECJ) had ruled in the Schrems case that the "Safe Harbour" framework established by the USA was invalid and could not be invoked to justify...

By Christophe Delmarcelle

At a time of cascading bankruptcies, layoffs, and closures, a bit of decency nonetheless...

By Christophe Delmarcelle

Artificial Intelligence (AI) can be defined as the set of theories and techniques that develop complex computer programs capable of simulating certain traits of human intelligence (reasoning, learning). AI evolved in 2018 to such an extent that the latest report...

By Christophe Delmarcelle

With the coronavirus crisis, all types of changes to working conditions have been made: workplaces, working hours, salaries, processes, roles – with some employees being 'reassigned' to other tasks... But can the employer unilaterally change these conditions?

By Christophe Delmarcelle

Un employeur propose un complément aux allocations de chômage temporaire de ses employés. Comment est-ce traité au plan fiscal et social ?

By Christophe Delmarcelle

La décision de confinement prise par le gouvernement génère encore des questions pour ceux qui restent sur leur lieu de travail.

By Christophe Delmarcelle

Suppliers cannot honour contracts, trade shows are cancelled, employees want to work from home, and you'll just have a product with ‘corona’ in the name. It's all hands on deck for businesses. Entrepreneurs testify how they are solving these eight pressing problems.

By Christophe Delmarcelle

Hygiene measures, telecommuting, travel restrictions, and even meetings. To keep their staff away from the epidemic, companies are implementing policies that vary in strictness. This is necessary for business continuity, but also a legal obligation.

By Christophe Delmarcelle

McDonald's, Quick, and Burger King announced on Wednesday, March 18, the start of the lockdown, that they would cease their "drive-in" restaurant activities, i.e., takeout services. Was this necessary? Was it civic-minded?

By Christophe Delmarcelle

The "cash for cars" was announced as the remedy to the company car issue. Through a series of small "one-off" measures, the concept of remuneration has been undermined to the point of creating discrimination between workers.

By Christophe Delmarcelle

In December, the new CEO of Proximus was accused of having lied on his C. V. In reality, it was his previous employer who had ‘upgraded’ the qualifications of a training course he had taken.
But what does an employee risk if he really has lied about his qualifications?

By Christophe Delmarcelle

The procedure for electing members of the Works Council (CE) and the Committee for Prevention at Work (CPl11"), which takes place every four years, began in December 2019 and will be completed in May 2020.

By Christophe Delmarcelle

In the current context, union representatives cannot, under the pretext of union freedom, attack certain workers in an insulting and/or defamatory manner, even under the guise of freedom of expression.

By Christophe Delmarcelle

La nouvelle a fait la Une des journaux. Le CEO de McDonald's remercié, malgré ses succès professionnels, pour avoir entretenu une relation avec une employée de la société en violation des règles internes de l’entreprise interdisant toute relation avec un subordonné. Un tel licenciement est-il possible en Belgique ?

By Christophe Delmarcelle

The Société des transports intercommunaux de Bruxelles (STIB) is facing a discrimination complaint from a lawyer following the rejection of her application for recruitment.

By Christophe Delmarcelle

Two weeks ago, we discussed prevention and the attitude to adopt towards a radicalized employee. Here, we address other preventive measures, particularly material ones, in the face of the terrorist risk.

By Christophe Delmarcelle

Il serait décidemment temps que les politiques fassent enfin de la vraie politique en réformant globalement et en profondeur le système fiscal et parafiscal belge. Certainement à l’heure de discuter de la suppression des voitures de société, soupapes de sécurité du système depuis de nombreuses années.

By Christophe Delmarcelle

When your association recruits and selects candidates or employees, it receives, collects and processes their personal data for the purpose of assessing their candidacy to the job or position being offered and / or creating a recruitment reserve.

By Christophe Delmarcelle

An employee is summoned for a meeting with his employer. Can he record the conversation without his knowledge as proof?

By Christophe Delmarcelle

What is now the "Carlos Ghosn case" is making headlines and raises the question of an employee, like Mr. Ghosn, who would be charged with fraud or even arrested preventively.

By Christophe Delmarcelle

As long as the upcoming social elections take place in May 2020 as usual, this means that the procedure will actually start in December 2019.

By Christophe Delmarcelle

One should see them these politicians, these lawyers, these specialists in ‘ compensation and benefits “ so happy to sell us the cash-for cars, the mobility premiums, the cafeteria plans, the remuneration with ” points ’ as THE good solution that will please everyone.

By Christophe Delmarcelle

I apply for a job and during the interview I'm told that the company carries out ‘pre-employment’ checks to verify the information on my CV, particularly on the Internet. Is this legal?

By Christophe Delmarcelle

In my opinion, the answer is clearly no.

By Christophe Delmarcelle

How far can an employer go in monitoring the Internet? On Tuesday, the judges of the Grand Chamber, the highest court of the European Court of Human Rights in Strasbourg, handed down a long-awaited ruling on the balance between corporate security and employee privacy.

By Christophe Delmarcelle

Following his dismissal by the Belgian state, Didier Bellens is taking Belgacom to the labour court. The proceedings raise a number of questions.

By Christophe Delmarcelle

Since new rules came into force on 1 January, it is no longer possible to dismiss an employee while on sick leave, I hear. Is that right? Then what about the guaranteed salary? Christophe Delmarcelle, a lawyer at the Brussels Bar, answers.

By Christophe Delmarcelle

One of my employees has applied for full-time parental leave. Should I continue to make contributions to his group insurance? Christophe Delmarcelle, partner at law firm Bird & Bird, answers.

By Christophe Delmarcelle

One of my employees is performing a professional activity while on sick leave. Can I have that determined by a bailiff? And must that bailiff make himself known? Christophe Delmarcelle, partner at law firm Bird & Bird, answers.

By Christophe Delmarcelle

'I am planning to dismiss an employee for urgent reasons. Can I send his resignation letter by Taxipost?' Christophe Delmarcelle, a lawyer at Bird & Bird, answers.

By Christophe Delmarcelle

My employer unilaterally changed my position. Faced with my refusal, he has threatened to fire me for urgent reasons. Is this possible?

 

By Christophe Delmarcelle

‘My employer recently unilaterally changed my position,’ says a reader. ‘Faced with my refusal, he has threatened to fire me for urgent reasons. Is this possible?’ Christophe Delmarcelle, lawyer at Bird & Bird answers.

By Christophe Delmarcelle

Because of the snow, I did not get to work. Can my employer refuse to pay me for that day? Christophe Delmarcelle, a lawyer at the Brussels Bar, explains.

By Christophe Delmarcelle

A credit institution sent me a wage transfer notice for one of my employees. Am I obliged to transfer part of his salary to that institution

By Christophe Delmarcelle

I was bullied at work and fired, even though I had filed a complaint with the police. Because my employer did not know about my complaint, I would have no protection against dismissal. Is this true?

By Christophe Delmarcelle

My employer has miscalculated my salary for years and overpaid me. Can he demand that money back?

By Christophe Delmarcelle