New Developments In Belgian Employment Law

Author:Mr Philippe François and Tamar van Colenberghe

On 6 April 2012, the Omnibus Act of 29 March 2012, which introduces a number of important changes to employment law, was published in the Belgian State Gazette.

The most important changes can be summarised as follows:

Effective 1 April 2012, the cost of early retirement (stelsel van werkloosheid met bedrijfstoeslag/régime de chômage avec complément d'entreprise), including existing schemes, is significantly higher for employers; Effective 16 April 2012, heightened measures to combat social security fraud will apply, e.g. (i) extension from the construction sector to other sectors of the existing jointly liability of contractors and subcontractors for unpaid remuneration, social security contributions and taxes and related invoice withholding obligations (a royal decree will specify the relevant sectors and provide more detailed measures) and (ii) the introduction of a rebuttable presumption of full-time employment in the event of non-compliance with the obligations and formalities for part-time work, etc.; Effective 1 July 2012, companies with more than 20 employees will in principle be obliged to draft an annual plan detailing employment-related measures for older employees, which must be submitted to the works council for an opinion or, in the absence thereof, the health...

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