LABOR LAW AND SOCIAL SECURITY LAW

Labor law and social security law

Sooner or later, employers, employees and self-employed workers face complex challenges in the field of labor and social security law. Whether it is a dismissal file, an unexpected social inspection, a discussion with the NSSO, a restructuring or cross-border employment, LAWTREE Lawyers will guide you with strategic advice and practical solutions.

With in-depth legal knowledge and years of experience, the firm closely follows case law and regulations. This results in realistic advice and quick interventions: we negotiate where possible, we take the case to court if necessary. Your interests are always central. We listen attentively, analyze your situation and together draw up a clear plan of action aimed at concrete results.

Our expertise – Employment law

Start of the employment relationship: recruitment, status and contracts – In recruitment and selection, we draft employment contracts or review existing contracts. We advise on the right status for your employees, whether they are employees, self-employed or management companies. In discussions about false self-employment or sham employees, we take preventive action. We ensure that employment regulations and policies regarding company cars, ICT, smartphone use, etc. are accurately drafted so that they are legally watertight and practically applicable.

Employment, working hours and compensation – We advise on pay, benefits and social security issues, including pay plans, variable compensation, stock options or salary splits. At the same time, we assist your organization with questions related to working hours, annual leave, time credit and landing jobs.

Dismissal, litigation and labor disputes – Dismissal procedures, terminations, severance or dismissal for cause are handled with precision. We also offer advice and defense in cases of manifestly unfair dismissal. Disputes concerning discrimination, competition or privacy are legally delineated. We draft non-compete and termination clauses, protect trade secrets and intellectual property, and advise on workplace surveillance, e-mail, Internet use and camera surveillance.

Collective bargaining, social inspections and restructuring – We assist companies in relations with works councils, trade union delegations or external unions, in collective bargaining and in communication around social conflicts such as strikes or blockades. When restructuring or transferring a company, we provide due diligence and legally conclusive agreements. Social elections and inspections, including the prevention of administrative fines, also fall within our expertise. For cross-border employment and secondment, we draft all necessary work and residence permits and multilingual agreements.

Well-being at work and workplace accidents – In cases of occupational safety, psychosocial risks, violence, harassment and unwanted sexual behavior in the workplace, we take preventive action and advise on effective solutions. In industrial accidents, we offer a complete legal analysis and insight into rights and obligations.

Our expertise – Social security law

NSSO – We also have extensive expertise in conflicts with the NSSO regarding wages, target group reductions, fixed expense allowances, undeclared work, prohibited posting, false self-employment or bogus employees. We advise on requests for exemption or reduction of civil penalties, assist you during audits or defend your case in court.

RIZIV, RVA and independent status – In disputes over disability, unemployment or self-employment rights, we provide legal clarity and protection of rights at the RIZIV, RVA or NSSO.

Social criminal law – Investigations and subpoenas for undeclared work, prohibited hiring or other offenses are strategically handled. We reduce the risks of administrative fines and criminal penalties and take up your defense in correctional court.

Contracts for self-employed and commercial agents

Self-employed service agreements and management contracts – Freelancers, managers or managing self-employed workers work under watertight contracts, including agreements on performance, compensation, non-competition and confidentiality. We analyze existing contracts and modify them to provide maximum protection of your interests.

Commercial agency agreements – Commercial agents and principals get legally conclusive agreements, with clear agreements on commission, calculation, termination and competition clauses. Thus, cooperation is safe and legally correct.

EXPERTS IN THE FIELD

Geert Michiels

Partner

Alexander Roosen

Lawyer

Annelien Druart

Lawyer

Jarne Goossens

Lawyer

Ines Melon

Lawyer

Fien Paulussen

Lawyer

Luca Van Den Bergh

Lawyer

BLOG | EMPLOYMENT AND SOCIAL SECURITY LAW

Employee with box of personal items after layoff.

Communication about or after dismissal: leave the dirty laundry on…

| Labor law and social security law | No Comments
Two employees were fired at short notice by the same employer. After their dismissal, the employer informed their (former) colleagues. About employee A, it was merely communicated that he will…

NSSO fired back after unlawful search and seizure by inspectorates.

| Labor law and social security law | No Comments
On Nov. 18, 2022, the inspection services of the National Social Security Office (NSSO), Supervision of Social Laws (TSW) and FPS Finance conducted an unannounced inspection at two companies in…

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