Archive 2014


Ms. Hanne Craninx

The ban on employing temporary agency workers during a strike: Does the scope of the ban need to be specified?
31/12/2014

The ban on employing temporary agency workers during a strike, which can be found in article 19 of the collective labour agreement n° 108 of 16 July 2013, seems at first sight relatively clear. However, different interpretations of this article circulate. Certain authors argue that this article implies that, in case of a strike in one office or plant of a company, a company is forbidden from employing any temporary agency workers, even in other offices or plants. The Labour Tribunal of Brussels followed this opinion in its judgment of 7 October 2005. Other authors are of the opinion that, in case of a strike in one office or plant, the employer is allowed to employ temporary agency workers in other offices or plants, where no strike takes place. Hopefully, future case law will shed light on this question.

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Mrs. Inge Derde
Mr. Stijn Demeestere

The requirement to justify dismissal
29/12/2014

Collective Labour Agreement (CLA) n° 109 introduces an obligation to state the reasons for dismissal.

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Mr. Alexis Hallemans

Red soles of Louboutin protected by trademark law
29/12/2014

The Court of Appeal of Brussels has decided that red soles of the brand Louboutin are a valid trademark. As a consequence [of this decision], other shoe merchants may not use red soles.

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Mr. Thierry Charon
Mr. Bert Gevers
Ms. Annelies Clara

VAT change for legal entities acting as directors in companies deferred until 1 January 2016
26/12/2014

In our VAT newsflash of 27 November 2014, we informed you that, as of 1 January 2015, legal entities would no longer be able to choose whether their services as directors, administrators or liquidators of a company, should or should not be subject to VAT. As from that date, legal entities would be required to apply VAT to such services under the new Belgian administrative decision n° ET 125.180 dd. 20 November 2014.

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Mr. Stijn Claeys

A new European Directive aims at facilitating damages claims for infringements of competition law
26/12/2014

The Directive of the European Commission of 26 November 2014, published on 5 December 2014, aims at ensuring an effective enforcement of competition law by ensuring that, in the national jurisdictions of the member states, public enforcement by the national competition authorities goes hand in hand with a real possibility of obtaining damages for competition law infringements, through actions for damages before the competent courts, but also by alternative avenues of redress, such as consensual dispute resolution and public enforcement decisions that give parties an incentive to provide compensation. The Commission wants to ensure that claimants can request access to the relevant exhibits regarding the infringement in the files of the competition authorities, as well as to relevant documents in the possession of the infringing company or any other third party.

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Mrs. Inge Derde
Mrs. Géraldine Hallet

New calculation method for social security contributions of self-employed workers
24/12/2014

The Parliament recently approved a new law (1) amending the calculation method of social security contributions for the self-employed. The new legislation will enter into force on 1 January 2015.

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Mrs. Sandrine Hirsch
Mrs. Vanessa Marquette

Suppression des titres au porteur - Début de la 4ème phase à partir du 1er janvier 2015
24/12/2014

Les titres qui n'avaient pas encore fait l'objet d'une conversion de plein droit ou à l'initiative de leurs titulaires au 1er janvier 2014 ont en principe été dématérialisés d'office et inscrits en compte-titres par l'émetteur à son propre nom (ou convertis de plein droit en titres nominatifs si les statuts de l'émetteur ne permettent pas l'émission de titres dématérialisés ou s'il n'a pas pris les mesures nécessaires en vue d'émettre de tels titres) (art.9 de
la Loi).

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Mrs. Marie de Fauconval

Gift and gift vouchers: summary before the year-end celebrations
23/12/2014

During the final days before the year-end celebrations, certain employers like to offer a gift or gift vouchers to their employees but have questions concerning the social and tax regime in place for these gifts. This article will run through the conditions in place for social and tax exemptions for the granting of these gifts.

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Mr. Nicolas de Limbourg

Wage withholding tax scales as applicable for income year 2015
23/12/2014

The Royal Decree of 10 December 2014 containing the wage withholding tax scales for income year 2015 was published in the Belgian Official Gazette of 16 December 2014.

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Mr. Patrick Van Eecke

Europe’s Right to be forgotten: update on implementation guidelines
23/12/2014

In an earlier newsletter, we wrote that the Article 29 Working Party ("Working Party 29″) has adopted guidelines relating to the implementation of the European Court of Justice's Google ruling on the right to be forgotten. Click here for a previous blog post on this ruling.

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