Bosgoed Business Projects

Regulatory Division Individual Labour Relations

General Counsel: Mirjam Malderie
Advisors: Laura Ballarin, Bernard Lantin
Attached: Patrick Borgione Yves Brosteaux Sarah Depuydt, Marie-Noel Dinant, Bernard Limpach, Vanessa Roorda, Sylvia Taube, Annelies Van De Geuchte Chris Vanlaere Claudio Vandersnickt Julian Bartolome

Preparation and interpretation of regulations on:
- Contracts of Employment (workers, employees, students, home workers, telecommuters, home workers, sales representatives, temporary workers, paid sportsmen, ALE, boatmen and sailors of the merchant marine service vouchers), part-time work ;
- On restructuring (information and consultation of workers, business closures, mass redundancies, transfers of conventional company, on non-discrimination on grounds of age … on Maternity Protection …;
- The outplacement (outplacement)
- Leave and benefit reductions to balance work and private life (career breaks, time credit, reducing benefits, parental leave, paternity leave, adoption leave, leave for care, palliative leave, …);
- Leave policy;
- Organization of work (hours of work, including the collective reduction of working hours, Sunday rest, holidays, night work, breaks and rest intervals), youth work and child labor regulations that protect workers’ compensation, social documents, construction, social subscriptions;
- Maternity Protection (except regulation of welfare to work);
- Posting of workers, law;
- Temporary employment, workers put at the disposal of users, groups of employers
Liaison Office: contact point established under Directive 96/71 EC with information on the rules applicable to workers posted in Belgium and directing foreign employers to the competent authorities
Information and advice about individual problems encountered in the course of the employment relationship

Criminal Penalties
The employer, his servants or agent who puts his workers available to users in violation of Articles 31 and 32 of the Act available to be punished with imprisonment from eight days to one month a fine of 26 to 500 euros (multiply by 5) or one of these penalties. The aforementioned fine is applied as many times as there are workers for whom the above provisions have been violated, subject to a limit on the amount of the fine may not exceed EUR 50,000 (multiplied by 5 ).

Same criminal penalties apply to the user, his servants or agents who employ workers in violation of Articles 31 and 32 of the Act be made available (with the exception of Article 32, § 4 , paragraph 2, on the application by the user of the legislation and regulations for labor protection applicable in the workplace).

Administrative sanctions
The employer and the user, who violate the provisions of Article 31 and 32 of the Act and made available, provided that the facts may be prosecuted and that the lawsuit did not been exercised, may incur an administrative fine of 50 to 1,250 euros. The administrative penalty is applied as many times as there are persons employed in violation of these provisions, but its amount does not exceed 20,000 euros

Consequences of the provision allowed
During the period available to authorized, the contract of employment between the worker’s employer shall continue to have effect, but the user becomes jointly and severally liable to pay social security contributions, salaries, allowances and benefits that result. These salaries, allowances and benefits may in no case be less than those enjoyed by workers performing the same functions within the business user.

Although the user is not the employer of the worker who is placed at its disposal, it is still the guarantor of the implementation of legislation and regulations for labor protection applicable in the workplace (time work, holidays, Sunday rest, night work, work rules, health and safety at work …).

Penalties for making available to unauthorized or comply with legal

Civil penalties
The contract under which the worker was hired to be available to a user in violation of Article 31 § 1 of the Act is available to draw from the beginning of the implementation of work at it.

When a user has work performed by workers at its disposal in violation of the provisions of Article 31 § 1 of the Act be made available, the user and these workers are seen as engaged in links a contract of indefinite duration at the beginning of the work. These workers, however, can terminate the contract without notice or compensation. This right may be exercised until the date that they made available to the user would normally have ended.

The user and the person providing workers available to the user in violation of Article 31 § 1 of the Act are available to severally liable to pay social security contributions, salaries, allowances and benefits arising from the employment contract of the worker.

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