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Labour law


Presentation


  • Labour law and social security regulations
  • Individual law and collective labour law
  • Social security regulations, including social security status of the self-employed and work-related accidents
  • Social law regarding restructuring companies
  • Social law regarding bankruptcies
  • Corporate criminal law
  • Medical, hospital-related and health professionals law
  • European social security regulations
All department members handle matters relevant to both labour law and social security regulations, each specialising in certain areas of this broad branch of law. Individual labour law and collective labour relations are the department's main day-to-day focus, and it has extensive expertise in the international aspects of these two complementary fields as well.

For more than 30 years, this department has been handling the restructuring of companies, whether through conventional transfer or otherwise (i.e. transfers, mergers, divisions and collective layoffs).

This expertise also extends to assistance with social security regulation matters such as commercial procedures of collective regulation and company closures, as well as the occasional bankruptcy of major economic groups.
 

As for individual law, whether drafting an employment contract, executing or terminating it, we provide counsel, issue notices of law suits and negotiate agreements for our clients or defend them in legal proceedings (civil or criminal) or even in arbitration and mediation proceedings.

In this field of law, where the regulations are always being modified, we feel that it is also important to offer companies and groups a legal monitoring service, and even a social security regulation audit service to help them adapt their human resources policies and update and optimise their legal instruments (e.g. special clauses in employment contracts, salary optimisation, labour regulations, collective labour agreements, internal labour organisation regulations, visits from external occupational health and safety services).

The complementarity of department members allows them to address all of these aspects with regard to social security (e.g. taxable compensation, tax deductions, work-related accidents, economic unemployment, early retirement), including complementary schemes of social protection and the social security tax status of independent consultants who hold board and management positions.

Finally, the department manages all aspects of law relating to medicine, hospitals and health professionals.

Experience


  • Employee selection, recruitment and health evaluations, non-discrimination
  • Drawing up management, service provision, independent collaboration and labour contracts
  • Special clauses: tuition clause, confidentiality clause, exclusivity clause, non-competition clause, conventional notice, temporary unemployment
  • Collective labour agreements, labour regulations, car policies, Internet regulations and technological tools
  • Safety and well-being; violence and harassment prevention at work, health at work, status and operation of internal and external occupational health and safety services, status of risk prevention advisors
  • Responsibilities of managers and employees
  • Conventional transfer, merger, division, collective layoffs, negotiation and drawing up of layoff compensation plans
  • Labour law of collective regulation procedures (liquidation, compositions, bankruptcies)
  • Corporate organised labour coordination: union elections and operation of ECs, advisory committees for occupational health and safety and union delegations, fulfilment of elected terms and protection against layoffs
  • Drawing up the company-level collective labour agreement
  • Social audit of a company and legal monitoring of labour law for the company
  • Assistance with social inspection service visits
  • International labour law: employee outplacement, work permits, LIMOSA declarations (monitoring of temporary employment), European and international social security
  • Organisation of layoffs or resignations, negotiation of their details; law suits before labour courts
  • Dealings with social security institutions, social security appeals before labour courts, including the sectors of professional risk and pensions
  • Handling matters for hospital managers, medical boards or physicians, nursing staff and hospital pharmacist associations, providing counsel, negotiation and/or coordination services and disciplinary, administrative or legal actions.

Interventions


The department practises law in all sectors of economic activity, including the social economy, the non-commercial sector and self-employment.
It is consulted by companies and employees in the aviation, metal, construction, banking, retail and technology sectors.
Our practice is also a regular partner of the hospital sector, external occupational health and safety services and accredited labour secretariats.
The department offers labour law training to companies, labour secretariats, and chambers of commerce and industry, as its members are regular trainers for UCM and BECI.

We are also regularly consulted for :
  • Closure and / or collective dismissal of various companies belonging to the automobile sector, the pharmaceutical sector, of a Belgian airline, etc; 
  • Restructuring of a pharmaceutical company and transfer of the financial department; Assistance from a company prosecuted for various breaches of social criminal law (posting, non-payment of wages, working hours, etc.); 
  • Social-law audit of a French company based in Belgium (drafting contracts, employment rules, etc.); 
  • Dismissal of a member of the works council for accepting secret committees; 
  • Defense of a director prosecuted for theft of confidential data; 
  • Defense of a director of various European companies for not paying social security contributions as a self-employed person.

Our team


Senior Counsel
* s.c.r.l Janson Baugniet c.v.b.a. 


Contact

Brussels: + 32 2 675 30 30
Nivelles +32 67 21 79 95
Ghent: +32 9 240 77 20
Mons: +32 65 22 10 00
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