02/02/23

New obligations for employers towards their employees in Belgium

More than two months ago, new obligations were imposed on employers under the Act of 7 October 2022. We remind you below of the changes applicable since 11 November 2022. 

Transition to another form of employment

An employee who has at least six months of seniority may issue a request to his/her employer in order to change to a form of employment with more transparent and predictable working conditions. For example, an employee may request a full-time employment contract instead of a part-time contract, or an open-ended rather than a fixed-term employment contract. The employer failing to provide the employee with justification for their decision within one month runs the risk of paying a criminal and/or administrative fine. |

Changes to the employment relationship

The employer is obliged to provide employees with information about the most important aspects of their employment relationship in one or more documents. Such documents should include information such as the place of work, the employee’s function and working schedule. The Act of 7 October 2022 provides that the employer must also notify the employee of any changes to such aspects of the employment relationship, in the form of an amendment to the document concerned. The employer is obliged to do so no later than the day the change(s) enter(s) into force. The employer must comply with this communication obligation and retain proof of it having been communicated to the employee for evidentiary purposes, under penalty of a criminal or administrative fine.  |  |  |

Mandatory training

Employers are obliged to provide training for employees for no cost when the training is necessary to enable the employees to perform the work for which they have been hired, and when the employer is obliged to do so under statutory rules or any collective bargaining agreement. The training counts as working time and must be organized during working hours, unless this is impossible from an organisational point of view.  |

Philippe François 

Stan Vanlangendonck 

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