Archive 2009


Un manquement continu ou répété peut constituer une faute grave

Un manquement continu ou répété peut constituer une faute grave
23/12/2009

Il peut arriver qu'un travailleur se rende coupable d'une faute qui ne constitue pas nécessairement un motif grave en tant que tel mais qui peut acquérir la nature d'un motif grave par son caractère habituel.

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Des turbulences du Secret bancaire...

Des turbulences du Secret bancaire...
23/12/2009

A cette époque de l’année, beaucoup de Belges vont traditionnellement remplir leur portefeuille au-delà des sapins, voire des montagnes. Mais le jeu en vaut-il encore la chandelle, les risques ne sont-ils pas devenus trop grands?

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Mr. Lieven Monserez
Mrs. Inge Derde

Programme Law - December 2009
22/12/2009

The main social law measures provided by the draft Programme Law introduced to the Chamber of Representatives on 25 November 2009 can be summarised as follows:
Expense costs: the burden of proof with regard to such allowances will no longer lie with the NSSO but with the employer (as per 1 January 2010). This measure will be the object of a separate newsletter.

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Mrs. Isabel Plets

Tips and tricks on management employees and working time
18/12/2009

Management employees at numerous firms work significantly more time than the weekly working time set down in the company regulations would allow.

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Mrs. Delphine Bibauw
Mr. Tom Claeys
 Bert Croimans
Mr. Geert Joosten

Negative indexation at the beginning of 2010
16/12/2009

The probability that nearly half a million employees of the Belgian private sector will see their wages decrease from the beginning of next year is very high.

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Mrs. Jelleke Rooms
Mr. Stany Vaes
Mrs. Ine Van Herck

Public procurement law amended
14/12/2009

The Belgian public procurement regulation is governed by the Public Procurement Act of 1993 [1] (hereinafter “the Act”) and its implementing Decrees [2] which were recently amended by the Royal Decree of 29 September 2009 [3]. The changes concern, amongst others, the use of e-communications in tenders, qualitative selection criteria, access to tenders, calls for tenders, reports regarding awarded contracts, abnormally low offers and negotiation procedures without prior publication.

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Mr. Didier Berckmans

"Forfaitary" valuation of mobile phone benefits foreseen
14/12/2009

The Council of Ministers recently approved a draft Royal Decree which defines the way in which the benefits of private mobile phone use (cell phone, Blackberry etc.) must be estimated when calculating social security contributions.

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Social security agreement between India and Belgium

Social security agreement between India and Belgium
10/12/2009

On 1 September 2009, the long-anticipated Social Security Agreement between the Kingdom of Belgium and the Republic of India (the “SSA”) entered into force. The SSA was signed in New Delhi on 3 November 2006 and is considered as a landmark agreement as it was the first treaty of its kind to be signed by the Indian authorities. Therefore it is likely to serve as a benchmark for similar agreements between India and other countries.

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Mr. Matthias Lommers
Mrs. Céline Wattecamps

Update on the EU Blue Card
01/12/2009

Further to the determination of the European Union to attract highly qualified workers from third countries, the Council recently adopted the “Blue Card” Directive [1]. Its main objective is a harmonised admission and residence procedure for highly qualified workers and simplified procedures to ensure easier mobility throughout the EU. For this purpose, the EU created its own single scheme called the EU Blue Card, inspired by the US Green card programme.

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Mrs. Anne-Françoise Mouchart

An update on the disclosure of shareholdings in joint stock companies
26/11/2009

On 16 July 2009 [1], the Belgian Chamber of Representatives adopted a draft law aimed at preventing the use of the financial system for the purpose of money laundering and financing terrorism. This draft law is currently being examined by the Senate.

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