Sotra se développe à Namur et à Bruxelles
Un nouveau bureau à Namur et une pratique fonction publiquePlus d'infos ici
We offer our clients the full range of services in employment law and HR-tax law.
Our lawyers exclusively practice employment law : a guarantee of quality, without compromise.
We have offices in the Brussels and in Namur so we stay close to our clients.
The Labour Court of Appeal of Brussels ruled that the dismissal of an employee diagnosed with cancer, who had asked to be allowed to return to work gradually, was discriminatory.
An employer does not violate the employee’s right to respect for private life when he controls files since they have not been identified as private.
Following a recent legislative amendment (law of July 31, 2017), employees in the financial sector who report (suspected) infringements on the financial legislation within their company to the public authorities (FSMA), are protected against dismissal and other retaliations.
When an employee of a grocery store is found outside of the shopping area, in the possession of some goods for which he cannot proof that he has purchased them, this may result in a breach of trust with the employer, even if these goods are of small value. These principles have been confirmed in a court-decision of the Brussels Labour Court of 10 February 2017.
At the start of the judicial year 2017, we are pleased to announce the arrival of 4 new associates at Sotra, bringing the team to 11 specialized lawyers.
According to the Belgian Supreme Court, a benefit qualifies as salary on which social security contributions are due from the moment that the benefit is paid automatically to all employees which are entitled to it further to a legal commitment of the employer. The fact that the benefit is paid at the occasion of an event in the private life of the employee is of no importance
When an employer wants his employee to perform a notice period, he must notify this decision to the employee by registered letter, otherwise the notice the notice may be null and void. The official receipt from the post office is the evidence that the registered letter has been sent. According to the Brussels Labour Court, the notice is null and void when the official receipt mentions an erroneous postal code (1070 instead of 1700) and the employee claims never having received the notice letter. On the other hand, the decision to dismiss remains effective, which means that the employer must pay an indemnity in lieu of notice for not respecting the formalities of a notice period.
The dismissal of an employee who benefits of a specific protection against dismissal is authorised in the context of a reorganisation, insofar the employer can demonstrate objective reasons, beyond the cause of the protection, to justify this decision if the reorganisation only affects part of the employees
In the Belgian official gazette of June 2 2017, 10 royal decrees were published which together form the Code on health and safety regulations at work
The indemnity for protection against dismissal is not due if the employer provides evidence that the dismissal occurs for reasons other than the complaint of moral harassment. Filing a complaint of moral harassment at work for the sole purpose of avoiding dismissal is abusive.