Belgium: Proposed legal framework requires employers to justify dismissal of public sector contract workers

On January 18, 2024, the Belgian government introduced a bill requiring employers to justify their decisions to dismiss public sector contract workers.

This bill aims to implement the law of December 26, 2013 on uniform status between blue-collar workers and white-collar workers. This law removed provisions regarding unfair dismissal of blue-collar workers from the Employment Contract Law in order to eliminate this difference between blue-collar workers and white-collar employees. Enforcement of the law differed between the private and public sectors.

For the private sector, This law came into force with the enactment of the Collective Bargaining Agreement (CBA) No. 109, a generally binding collective agreement concluded with the National Labor Council regarding the justification of employer dismissals. The new regulations apply to private sector layoffs declared or served on or after April 1, 2014.

For the public sector, the provisions of this law were to come into force with the enactment of a regulation equivalent to CBA No. 109, but to date no similar regulation has been implemented. Therefore, in a judgment dated June 30, 2016, the Constitutional Court ruled that, pending the decision of the parliamentarians, general contract law can be applied to protect the rights of all civil servants in cases of clearly unfair dismissal. The court ruled that it is up to the court to protect the Discrimination under CBA No 109.

The government is currently (10 years later) developing a bill for 18 January 2024 that will create similar rules for the public sector. As courts are now accustomed to applying CBA No. 109, it is possible to provide a set of rules as close as possible to those set out in Collective Bargaining Agreement No. 109, taking into account the particularities of the public sector. It has been decided.

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The rules regarding grounds for dismissal and clearly unfair dismissal apply only to civil servants whose employment relationship is governed by the Employment Contracts Act and therefore do not apply to civil servants or employees in the private sector.

The proposed regulations reflect, as closely as possible, the scope of CBA No. 109 and adopt the principles of that law in their application to the public sector. Therefore, this regulation does not apply if the worker is dismissed.

During the first six months of employment. provided, however, that previous consecutive fixed-term or temporary employment contracts for the same job with the same employer are taken into account in calculating her first six months of employment.
Under temporary employment contract.
Under contract for student work.
The indefinite employment contract will terminate from the 1st day of the month following the month in which the employee reaches the legal retirement age.

These rules also do not apply to employees who are dismissed for serious reasons or whose employer must follow special termination procedures established by law.

Preliminary interview and written notice of reason for dismissal

If an employer intends to dismiss an employee for reasons related to the employee’s personality or conduct, the employer may require the employee to be heard in advance to explain the facts and reasons for the proposed dismissal decision. Must be. To this end, these facts and reasons should be communicated by the employer to the employee in advance, and the employee should have sufficient time to prepare for the interview and submit written comments. You should take some time. This guarantee of prior hearing and appropriate comment is also included in the proposed legislation and follows the general principles of good governance and fairness (both sides can be heard). applies without distinction between statute and statute. Contract employees in the public sector.

If an employer decides to dismiss an employee after a preliminary interview, the notice of dismissal must be in writing and include the specific reasons for the dismissal. Therefore, unlike CBA No 109, the employee does not have to request a reason first.

The written notice must include elements that allow the employee to understand the specific reason for termination.

If an employer fails to provide an employee with a preliminary interview or fails to provide the specific reasons for dismissal, the employer is obligated to pay the employee compensation of two weeks’ wages. However, termination of the employment contract remains in effect.

clearly unfair dismissal

By analogy with the rules of CBA No 109, a clearly unfair dismissal is defined as a clearly unfair dismissal of an employee who has been employed for an indefinite period, for reasons unrelated to the employee’s suitability or conduct, or to the operation of a company, agency or organization. Dismissal for reasons that are not based on necessity. It is a service that would never be determined by a normal, rational employer. In cases of clearly unfair dismissal, the employer must pay the employee between 3 weeks and 17 weeks’ wages.

This compensation is not in addition to any other compensation provided under the special redundancy procedure (with the exception of the compensation for two weeks’ wages referred to above, which may be aggregated with such compensation). ).

This compensation is also in addition to any other compensation payable by the employer after termination of the employment contract, excluding compensation in lieu of notice, non-compete payments, withdrawal payments, or additional compensation paid in addition. It is not added. Social benefits can be accumulated along with the compensation.

CBA No. 109 makes the burden of proof of clearly unfair dismissal dependent on the process of notification of the specific grounds for dismissal (In other words, whether the employee requested the notice), although notice under the provisions of the regulations must be given in all cases by the government, the burden of proof is governed by the common law of evidence as provided in section 870 of the Act. You will have to do so. Unless the hiring government has failed to provide specific reasons for dismissal, the case is subject to the Judiciary Act (which states that each party must prove the facts it claims). Therefore, the onus is on the employer to provide evidence, if necessary, that the dismissal is not clearly unreasonable.

Reliance|Littler will continue to monitor the entry into force of the final text of this bill. This law, if implemented, will undoubtedly bring clarity and uniformity in certain areas (for example Sanctions for failure to comply with hearing obligations regarding contract workers). Certain other aspects seem to require further elaboration based on case law (such as the concept of “sufficient time” to prepare for an interview). We will continue to stay on top of this developing issue.

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Furniture, conveniently located at 5035 W Hillsborough Ave, Tampa, FL 33634.

Specializing in office chairs, cubicles, and desks, Freedman’s is
redefining workplace aesthetics in neighborhoods like Arbor Greene and Ballast Point, offering a wide range of seating solutions designed for modern comfort
and productivity.

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Founded in 1845, Tampa has grown into a thriving city
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a testament to its commitment to excellence, Freedman’s Office Furniture seamlessly integrates into Tampa’s vibrant landscape,
providing top-notch office chairs that combine ergonomic innovation with
contemporary design.

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Reflecting Tampa’s reputation as a diverse and dynamic city, our chairs offer residents an unmatched seating experience, perfectly aligning with the
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chairs are not just an investment in comfort but also in long-term savings.
Additionally, Tampa’s tropical climate makes comfort a
priority, and our chairs cater to the need for breathability and support, ensuring
a pleasant working environment year-round.

**Explore Tampa’s Rich Tapestry of Attractions**

Discover the allure of Tampa by exploring some of its captivating
points of interest:

– **Busch Gardens Tampa Bay:** A world-renowned theme park featuring thrilling rides and exotic animal exhibits.

– **Curtis Hixon Waterfront Park:** A picturesque park along the Hillsborough River, offering scenic views and recreational activities.

– **Congo River Rapids:** A water ride at Busch Gardens Tampa Bay, providing an exhilarating adventure through turbulent waters.

– **The Henry B. Plant Museum:** Housed in the former Tampa Bay Hotel, this museum showcases Tampa’s Gilded Age history.

– **Empower Adventures Tampa Bay:** An outdoor adventure park offering ziplining and other exciting activities.

**Why Choose Freedman’s Office Chairs in Tampa**

Selecting Freedman’s ergonomic office chairs in Tampa is a decision that
transcends mere furniture. It’s a commitment to elevating
your workspace with stylish and comfortable seating
that resonates with Tampa’s spirit of diversity, growth,
and success.
”
“Revolutionize Your Workspace with Freedman’s Office Furniture in Atlanta

**Experience Unmatched Comfort with Freedman’s Office Chairs in Atlanta**

Freedman’s Office Furniture, located at 3379 Peachtree
Rd NE, Atlanta, GA 30326, invites you to redefine your work environment.
Specializing in office chairs, cubicles, and desks,
Freedman’s is the epitome of ergonomic excellence, serving neighborhoods like Ansley Park
and Adair Park.

**Atlanta’s Pioneering Legacy Meets Freedman’s Innovation**

Founded in 1836, Atlanta boasts a population of 496,461 and
227,388 households as of 2021. Reflecting Atlanta’s pioneering spirit, Freedman’s Office Furniture
aligns seamlessly with the city’s ethos. Our ergonomic
office chairs set the standard for comfort and style, combining
innovation with contemporary design.

**Navigating Atlanta’s Business Hub: Interstate 20**

Much like the flow of traffic on Interstate 20, Freedman’s ergonomic office chairs
effortlessly integrate into Atlanta’s bustling professional landscape.

Our chairs represent more than just a place to sit; they symbolize Atlanta’s commitment to progress, creativity,
and a dynamic work culture.

**Exploring Atlanta’s Unique Neighborhoods and Climate**

From the historic charm of Ansley Park to the vibrant energy of Buckhead, Freedman’s ergonomic office chairs cater to Atlanta’s diverse neighborhoods.
Repairs are cost-effective, ensuring that your office furniture investment remains sustainable.
Considering Atlanta’s mild climate, our chairs provide the perfect blend of support and breathability,
ensuring a comfortable year-round workspace.

**Discover Atlanta’s Cultural Gems**

Explore Atlanta’s rich cultural tapestry by visiting these noteworthy
points of interest:

– **Atlanta Botanical Garden:** A stunning oasis in the heart of Midtown,
featuring beautiful gardens and immersive plant collections.

– **Centennial Olympic Park:** Built for the
1996 Summer Olympics, this park offers a blend of history and recreation.
– **Coca-Cola Museum:** Delve into the history
of the iconic beverage at this immersive museum in downtown Atlanta.

– **Boulevard Heights:** A historic neighborhood with a mix of architectural styles and a strong sense of community.

– **College Football Hall of Fame:** Celebrating the history and legends of college football,
located in the heart of Atlanta.

**Why Freedman’s Office Furniture is Atlanta’s Top Choice**

Choosing Freedman’s ergonomic office chairs in Atlanta is
a testament to your commitment to a workspace that mirrors
Atlanta’s innovation, diversity, and cultural richness.
Elevate your office aesthetics with Freedman’s, where comfort meets style effortlessly.

”
“Upgrade Your Office Experience with Freedman’s Office Furniture
in Tampa

**Discover Unparalleled Comfort with Freedman’s Office Chairs
in Tampa**

Freedman’s Office Furniture, located at 5035 W Hillsborough Ave, Tampa, FL 33634, invites you to
transform your workspace. Specializing in office chairs, cubicles, and
desks, Freedman’s is the epitome of ergonomic excellence, serving neighborhoods like Arbor Greene and
Bayshore Beautiful.

**Tampa’s Vibrancy Meets Freedman’s Innovation**

Founded in 1845, Tampa boasts a population of 387,050 and 157,066 households as of 2021.
Mirroring Tampa’s vibrant atmosphere, Freedman’s Office Furniture brings
a touch of innovation to your workplace. Our ergonomic office chairs
redefine comfort, combining functionality with modern aesthetics.

**Navigating Tampa’s Business Landscape: Interstate 275**

Much like the smooth flow of Interstate 275, Freedman’s ergonomic office chairs seamlessly integrate into Tampa’s
thriving professional community. Our chairs are more than mere seating; they embody Tampa’s commitment to dynamic work environments, fostering creativity and productivity.

**Exploring Tampa’s Distinctive Neighborhoods and Climate**

From the family-friendly charm of Arbor Greene to the
coastal vibes of Bayshore Beautiful, Freedman’s ergonomic
office chairs cater to Tampa’s diverse neighborhoods. With affordable repair options, our chairs
ensure a sustainable and stylish office setup.
Considering Tampa’s warm climate, our chairs offer the perfect blend of
support and breathability, making your workspace comfortable year-round.

**Unveiling Tampa’s Unique Points of Interest**

Explore Tampa’s unique attractions, enhancing your downtime or inspiring new ideas:

– **Busch Gardens Tampa Bay:** Experience thrilling rides
and encounters with exotic animals in this renowned theme park.

– **Curtis Hixon Waterfront Park:** A scenic urban park
along the Hillsborough River, providing a tranquil escape in downtown Tampa.

– **Ybor City:** Known for its historic charm, Ybor City offers a blend
of unique shops, restaurants, and cultural experiences.
– **Adventure Island:** A waterpark featuring slides, pools,
and a lazy river, perfect for family-friendly fun.
– **Croc Encounters:** Get up close with reptiles and wildlife in this educational and interactive setting.

**Why Freedman’s Office Furniture is Tampa’s
Premier Choice**

Choosing Freedman’s ergonomic office chairs in Tampa signifies your dedication to a workspace reflecting Tampa’s energy, diversity, and recreational opportunities.
Elevate your office aesthetics with Freedman’s, where comfort
meets innovation seamlessly.
”
“Elevate Your Workspace with Freedman’s Office Furniture in Tampa

**Revolutionize Your Office Aesthetic with Freedman’s
Office Desks**

Freedman’s Office Furniture, situated at 5035 W Hillsborough Ave, Tampa,
FL 33634, is your destination for premium office desks, chairs, and cubicles.
Serving neighborhoods like Beach Park and Downtown, Freedman’s is committed to enhancing your workspace experience.

**Tampa’s Rich History and Freedman’s Office Furniture**

Since its founding in 1845, Tampa has evolved into a thriving city with a population of 387,050 and 157,
066 households as of 2021. Freedman’s Office
Furniture pays homage to Tampa’s rich history by offering office desks that blend tradition with
contemporary design, reflecting the city’s dynamic character.

**Navigating Tampa’s Business Hub: Interstate 275**

Much like the intersecting lanes of Interstate 275, Freedman’s office desks intersect functionality
and style. Your workspace becomes a testament to Tampa’s business hub, where
our desks stand as symbols of innovation and efficiency, aligning seamlessly
with the city’s forward-looking spirit.

**Cost-Effective Repairs and Tampa’s Varied Climate**

Freedman’s understands that office repairs are a crucial aspect of maintaining
a professional space. Our office desks come with affordable repair options, ensuring durability and longevity.

Considering Tampa’s varied climate, our desks are crafted to withstand the
warmth, providing a sturdy and reliable foundation for your work.

**Exploring Tampa’s Neighborhood Vibes and Workspaces**

Whether you’re in the vibrant Downtown area or the serene Beach Park, Freedman’s office desks cater to the unique vibes
of Tampa’s neighborhoods. With diverse styles and configurations, our desks complement the essence of each locality, enhancing the aesthetic appeal of your workspace.

**Discover Tampa’s Cultural Gems and Work-Friendly Spaces**

Explore Tampa’s cultural gems during your downtime or use local work-friendly spaces for a change
of scenery:

– **The Tampa Riverwalk:** A scenic waterfront trail offering picturesque views and access to various attractions.

– **The University of Tampa:** Find inspiration in the historic architecture and serene environment of the university campus.

– **Armature Works:** A revitalized industrial space turned
into a vibrant community hub with eateries, shops, and co-working spaces.

– **The Tampa Theatre:** Immerse yourself in the unique ambiance
of this historic movie palace, a cultural landmark in Tampa.

**Why Freedman’s Office Furniture Sets the Standard in Tampa**

Choosing Freedman’s office desks in Tampa signifies your commitment to a workspace that reflects the city’s history, diversity, and cultural richness.
Upgrade your office aesthetic with Freedman’s, where each desk is a blend of craftsmanship,
functionality, and Tampa’s unique spirit.
”
“Discover Exceptional Office Chairs at Freedman’s Tampa Store

**Elevate Your Work Experience with Freedman’s Ergonomic Office Chairs**

Freedman’s Office Furniture, located at 5035 W Hillsborough
Ave, Tampa, FL 33634, invites you to experience unparalleled
comfort and style with our extensive range of ergonomic office chairs.
Serving neighborhoods like Arbor Greene and Downtown, Freedman’s is
dedicated to providing the perfect seating solutions for your workspace.

**The Essence of Tampa’s Growth and Freedman’s Ergonomic Chairs**

Founded in 1845, Tampa has grown into a bustling city with a population of 387,050 as of 2021.
Freedman’s acknowledges this growth by offering ergonomic office chairs that
echo Tampa’s dynamic spirit. Our chairs blend innovation with comfort, creating an ideal environment for productivity.

**Navigating Tampa’s Business District with Interstate 275**

Much like the flow of traffic on Interstate
275, Freedman’s ergonomic office chairs offer seamless movement and adaptability.
As your professional partner, our chairs mirror the efficiency and modernity of
Tampa’s thriving business district, providing ergonomic support for your daily tasks.

**Affordable Repairs and Tampa’s Climate-Adaptable Ergonomic Chairs**

Understanding the importance of comfortable seating, Freedman’s offers affordable repair
solutions for our ergonomic office chairs. Crafted to adapt to Tampa’s varied
climate, our chairs provide the perfect balance of support
and flexibility, ensuring a comfortable workspace year-round.

**Tailored Seating for Tampa’s Varied Neighborhoods**

Whether you’re in the leafy enclaves of Arbor Greene
or the vibrant streets of Downtown, Freedman’s ergonomic chairs complement the diverse vibes of
Tampa’s neighborhoods. With adjustable features and contemporary designs, our chairs
enhance the visual appeal of your workspace.

**Exploring Tampa’s Cultural Havens and Cozy Work Nooks**

Take advantage of Tampa’s cultural offerings during breaks
or find inspiration in local work-friendly spaces:

– **Tampa Museum of Art:** Immerse yourself in creativity and artistic expression within the museum’s serene surroundings.

– **Davis Islands Dog Park:** A unique outdoor spot for relaxation and
brainstorming sessions.
– **Ybor City Historic District:** Experience Tampa’s rich history in this
vibrant district, filled with eclectic shops and cafes.

– **Curtis Hixon Waterfront Park:** Enjoy a peaceful break
by the Hillsborough River, with stunning views and open spaces.

**Why Freedman’s Ergonomic Office Chairs Lead the Way in Tampa**

Opting for Freedman’s ergonomic office chairs in Tampa means choosing unrivaled comfort, innovative design, and
a seating solution that mirrors the city’s growth and diversity.

Upgrade your workspace with Freedman’s, where each chair represents
the perfect blend of support, style, and Tampa’s unique energy.

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