HR and Employment Law

During the last years, the Belgian legislation has undergone major changes, amongst others with regard to the termination of employment contracts. In addition, the employment market has become more and more flexible and internationally oriented. As a consequence, employers are often facing complex HR questions, which require adapted and practical solutions.

A key aspect of our services consists in assisting our clients (national and international companies and individuals) to find these solutions.

The scope of the advice we provide covers the whole spectrum of Belgian employment and social security law.

We provide internal trainings to our clients with regard to HR-issues.

Finally our lawyers are truly multilingual and are equally at ease in pleading before the Dutch and the French speaking courts.

From hiring to dismissal – employment contracts and service agreements

Our lawyers assist our clients on all legal issues arising from the hiring of employees and self-employed service providers and the termination of their contracts, including:

  • Drafting contracts of employment and service agreements
  • Drafting work regulations, internal policies and codes of conduct
  • Recruitment and selection issues
  • Arranging social security and tax issues
  • Modification of employment conditions
  • Setting up bonus plans
  • Posting of employees and temporary work
  • Dismissals

Our lawyers can conduct contractual negotiations when an employer is looking to appoint or dismiss an employee.

Restructurings

The legislation on restructurings - such as collective dismissals and company closures - has become very complex. Our lawyers have a broad experience in this field and assist our clients to find the adequate solutions and to carry out their reorganization projects successfully.

Our services cover matters such as:

  • Assistance with the information and consultation process
  • Assistance with the administrative formalities towards the authorities
  • Negotiating social plans with the employee’s representatives
  • Ensuring contacts with other stakeholders (trade unions, unemployment office, outplacement office, etc.)
  • Termination of employment contracts

Workers participation

Workers participation has become a key issue for businesses. Under certain conditions, representative bodies must be implemented at the level of the company (works council, committee for prevention and protection at work, trade union delegation). Before taking certain decisions - and depending on the matter - the employer must inform and/or consult these bodies in due time. In certain circumstances, these bodies even have a power of co-decision.

It is clear that, for employers, it is essential to maintain good relations with the workers representatives and trade unions.

Our lawyers have an extensive experience with dealing with these issues. We also assist our clients with the organization of the social elections, which take place every 4 years.

Competition issues

Due to the increased mobility of employees, conflicts regarding non-competition issues often arise between employers and (former) employees. We assist our clients in order to help them to find the adequate solution - either amicably or before court- when they are confronted with such situations. 

Business immigration

Our lawyers provide assistance on immigration matters, more specifically with regard to new hires between different countries and the international movement of employees.

We assist our clients with preparing the necessary application forms for temporary and permanent residence, work permits and professional cards.

In addition, we help our international clients, who wish to occupy personnel in Belgium, to register with the adequate administrations and - if needed - to find other service providers, such as payroll agencies, temporary work agencies, outplacement providers, etc.

Conflict-solution - litigation

Both during and after the termination of employment contracts conflicts can arise between employers and employees. These conflicts can be very time-consuming. We help our clients to deal with these conflicts and to find – preferably – settled solutions.

If no such settled solution can be found, and a case is brought before court, we assist our clients before the labor courts nationwide. We have the requisite combination of specialist knowledge and experience in procedural law. This expertise goes hand in hand with specialist knowledge of every element of employment law.

In-house training

We also provide in-house training for our clients in all relevant areas of HR law. Should you be interested in such trainings, please do not hesitate to contact us (info@crosslaw.be).

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During the period from 2013 until now, we have assisted a media company with various issues related to mobile television service, e.g. rights clearing, data protection and the drafting and negotiating of agreements in relation to the development and hosting of the mobile television platform.