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Accords sur la suspension du préavis - Contrat de travail – la Cour de Cassation clarifie la situation (sans pour autant assurer la sécurité…)

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Cass.30 janvier 2017 (www.juridat.be)

Il arrive régulièrement que les parties à un contrat de travail, après qu’un préavis ait été notifié par l’employeur au travailleur, concluent une convention transactionnelle en vue de régler les modalités concrètes de la rupture.

Conventions de collaboration entre entreprises : mise à disposition de personnel et autres aspects sociaux - séminaire le 26/01/2017 (BECI)

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En vue de l’exécution de certains travaux ou services, les entreprises font de plus en plus souvent appel à des prestataires externes (IT, nettoyage, RH, gardiennage, etc.). La réglementation sociale applicable à ce type de collaborations demeure méconnue.

Crosslaw’s labour law department in the press

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In its January edition, Bruxelles Métropole/Brussel Metropool (the magazine of BECI – the Brussels’ Chamber of Commerce) has dedicated an article to the subject of skill-based sponsorship.

Skill-based sponsorship is the system whereby private companies make specific-skilled employees available for (charitable) organizations during their working time.

New recovery procedure for unchallenged claims

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Companies are often confronted with debtors letting the agreed payment period expire without any statement of reasons. Such payment arrears are difficult to anticipate and are therefore all the more harmful for the company’s liquidity. Especially in times where the financial institutions are reluctant to provide external financing, such defaults can cause serious financial damage to companies.

In order to halt these practices and to assist the companies in the recovery of unchallenged monetary claims, article 10 of Directive 2011/7/EU on combating late payment in commercial transactions requires the European member states to provide for a simplified and expedited procedure specific in relation to such claims.

Collective dismissals: the information and consultation procedure

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In 2016, several major companies have announced their intention to proceed to collective dismissals. Yet Belgium is one of the member of the OECD that offers the best protection to workers in case of collective dismissal. The Renault Act, edicted in response to Renault’s blatant non-observance of existing law at the closure of its plant in Vilvoorde in 1997, aims to establish a dialogue between the employer who intends to proceed to a collective dismissal and the workers’ representatives, to better protect the workers’ rights and involve them in the process.
In this context, it is useful to examine what is exactly provided by the Renault Act. The purpose of this contribution is to remind and focus on the employers’ obligations in terms of workers’ information and consultation in the event of projected collective dismissal.

Latest news about CETA (Comprehensive Economic and Trade Agreement)

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The Comprehensive Economic and Trade Agreement (for short CETA) is an international agreement between the European Union and Canada.The negociations on it have been launched in May 2009 and were concluded in September 2014.

The objective of CETA is to increase bilateral trade and investment flows, in accordance with the 2020 Europe strategy to boost growth through external competiveness and the participation in open and fair markets worldwide.On request of the European Union, the negociations have been reopened and finalized in February 2016.

Towards a New Belgian Company Code

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Belgian corporate law is envisaging a new challenge: a new company code will be launched. The objective is to render Belgian company law more attractive for Belgian and foreign entrepreneurs conducting business in- and outside Belgian territory by only retaining four legal forms: the partnership, the private limited liability company, the public limited liability company and the co-operative company with limited liability.  The intentions are ambitious and the new Company code strives to more simplification, flexibility, abolition of outdated rules and types of companies and a strong supplementary law.

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#85
We conducted Belgian judiciary proceedings related to a public procurement contract involving a major glass manufacturer for works performed for the construction of the railway Station of Liège.
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