Adopted on 17 December 2024 by the National Labor Council (NLC), Collective Labor Agreement (CLA) no. 32/8 (amending CLA no. 32 bis of 7 June 1985) introduces significant changes in the management of company transfers or asset takeovers after bankruptcy. Effective from 1 February 2025, this amendment is aimed at reinforcing the obligations to be complied with in relation to information and consultation of employees and their representatives by involving the transferee in the process.
WHY THIS CHANGE?
This amendment was introduced to remedy the absence of provisions in Belgian legislation regarding the transferee’s involvement in the employee consultations in the event of a transfer of undertaking and to include a few clarifications.
WHAT ARE THE CONSEQUENCES FOR EMPLOYERS?
From 1 February 2025, at the request of the employee representatives affected by the conventional transfer of undertaking or of the affected employees (in the absence of representatives), the transferring employers will now be required to:
- Communicate to the identified transferee the content of the information and consultation communicated and held in relation to the envisaged transfer; and
- Invite the identified transferee to introduce themselves to the representatives (or to the employees in the absence of representatives) during this information and consultation (or before the transfer in the absence of representatives).
The amended CLA 32bis explicitly states that the transferee to be informed and invited under these new obligations must have been identified. This will be the natural or legal person who, as a result of the transfer, acquires the capacity of employer with respect to the employees of the transferred undertaking or part of undertaking.
When the request is formulated, the content of the information and consultation must be communicated even if the transferee does not respond favorably to the transferor’s invitation to introduce themselves. Lastly, the communication of the information and consultation, as well as the invitation to the transferee to introduce themselves to the employees (representatives), must be made in good time (and in any case before the transfer).
TO CONCLUDE
These amendments reinforce employees’ rights while also increasing companies’ employee information and consultation obligations in the management of transfers and asset takeovers after bankruptcy. It is essential for employers to take these new obligations into account and, where necessary, update their internal procedures to ensure compliance and preserve a harmonious social dialogue.
