Social legislation & belgian reglementation
INTRODUCTION
- Essential elements of the employment relationship
- Autority
- Salary
- Work to be delivered
- Employment relationships and the employment contract
- The distinction between employee and labourer
- Definitions
- Scope of application of this distinction
- The notion of « employment stability »
PERSONAL COMMITMENT : THE EMPLOYMENT CONTRACT
- Legal value of the employment contract
- The employment contract and legal stipulations and reglementations
- The employment contract and collective bargaining agreements
- The employment contract and workrule reglementations
- Types of employment contracts
- Employment contracts for Employees and for Labourers
- Specific categories of personnel (sales representatives, …)
- The employment contract unlimited in time
- The employment contract limited in time
- The contract for a clearly defined task
- Atypical contracts :
- The part-time employment contract
- The contract of substitution
- The temporary employment contract
- The interim contract
- The contract of student employment
- The contract of domestic work
- Internship contract
- The learning trainee contract
- Setting up the employment contract
- Clauses requiring a written statement :
- The test period
- The limited duration clause
- The clearly defined task
- The non-competition clause
- The clause of duration of the severance period
- Clauses focusing on particular obligations :
- Obligations concerning sickness leave
- Obligations of confidentiality
- Obligations concerning use of electronic equipment
SUSPENSION OF THE EMPLOYMENT CONTRACT
- The causes for contract suspension : incapacitation, annual leave, career interruption and employment searchtime (timecredit), parental leave, …
EMPLOYMENT REDUNDANCY
- Termination requiring severance time notification, or requiring severance pay in lieu of servicing time
- Formalities
- Duration of the severance time service
- Calculating severance pay in lieu of servicing time
- Termination negotiations
- Rights and duties of all parties during severance time
- Termination for «substantial motive»
- The notion of «substantial motive»
- Formalities
- Particular rules applicable to specific contracts
- Limited-time contracts and contracts for a clearly defined task
- Atypical contracts
- The need for motivation of termination
- The principle : absence of motivation
- The exception of abusive termination for the labourer
- Indirect exceptions :
- Maternity leave Equal compensation treatment
- Career interruption
- Professional training
- Conventional company transfer
- The ‘hard’ exceptions : obligation to motivate
- Delegates and candidates to the Company Council and to the Comittee for labour prevention and protection
- Trade union representatives
- The termination act
- Notion
- The reaction of the worker
- Termination by the employer
- Judiciary dissolution
EMPLOYING FOREIGN EMPLOYEES & WORKERS
- Citizens of European Union countries and other countries
- Professional immigration
- The work permit :
- Procedure
- Formalities
- The residence permit
- Registration in the community of residence
- Labour law status
- Filling out the expatriate document
- Direct employment
- Applicable law
- Social security law and status
- Member countries of the European Union
- Bilateral treaty countries
- Other countries
THE COLLECTIVE CONVENTION FOR SECTORIAL WORK
- The legal status of the collective bargaining agreement
- The contents of sectorial agreements