Archive 2008


Mr. Olivier Malisse

New restrictions to the affiliation with overseas social security office (DOSZ/OSSOM)
18/12/2008

At present, all workers performing a professional activity outside the European Economic Area (EEA)[1] and Switzerland can affiliate voluntarily to the Overseas Social Security Office (DOSZ/OSSOM), whatever their nationality and irrespective of the existence of a working relationship with Belgium.

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Mr. Matthias Lommers
Mr. Olivier Malisse

Social security agreement signed between Belgium and the Republic of India
15/12/2008

In November 2008, the Belgian parliament approved a draft bill to implement the social security agreement between Belgium and India. The agreement, which was signed on 3 November 2006, is considered a landmark agreement as it was the first agreement of its kind ever negotiated by the Indian authorities.

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Mr. Matthias Lommers

Abolishment of the medical certificate for residence purposes
05/12/2008

The Belgian Minister of Migration has decided that a medical certificate should no longer be joined to a visa application (type D) for employees who already provided such a certificate for the purpose of their work permit application.

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Mr. Matthias Lommers

Indexation of salary levels for work permits
19/11/2008

In application of article 131 of the law of 3 July 1978 on employment contracts and article 9 of the Royal Decree of 9 June 1999 enforcing the law of 30 April 1999 on the employment of foreign employees, salary levels taken into account for issuing work permits for highly qualified foreign employees or executives who have a management position in Belgium, are linked to the indexation of salaries. These levels are reviewed each year.

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Mr. Geoffroy Fink
Mr. David Roelens

New rules on financial assistance: the end of the prohibition
13/11/2008

The Royal Decree of 8 October 2008 amending the Belgian Companies Code (“BCC”)[1] has substantially amended the rules on financial assistance. These new rules will enter into force on 1 January 2009[2].

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Mr. David Roelens

Redemption of shares: less stringent restrictions
07/11/2008

The Royal Decree of 8 October 2008 amending the Belgian Companies Code [1] has amended the rules on redemption of shares by a company. They will enter into force on 1 January 2009 [2]. .

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Mr. David Roelens

The contribution in kind: has the auditor been set aside?
07/11/2008

The Royal Decree of 8 October 2008 amending the Belgian Companies Code [1] has partly amended the rules on the contribution in kind. They will enter into force on 1 January 2009[2].

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The ‘Renault Act’  ten years on: company restructurings and social plans, what are the trends in Belgium?

The ‘Renault Act’ ten years on: company restructurings and social plans, what are the trends in Belgium?
22/10/2008

The law firm Claeys & Engels has just published a study concerning company restructurings and social plans. The study is based on 216 collective bargaining agreements (CBAs), concluded as a result of the hundred most recent restructurings (2006-2008).

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Mr. Andrzej Kmiecik

Agent or Distributor: A Competition Law Perspective
02/10/2008

The advantages of selling through a genuine agent.

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Mrs. Inge Derde

Extension of the obligation to inform the prevention adviser
11/07/2008

The Belgian regulation (Royal Decree of 27 January 2008, B.S./M.B. 3 March 2008) foresees that an employer must inform the prevention adviser of any absence of a worker for more than 4 weeks due to incapacity (illness, accident, childbirth).

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