Belgium, ALTIUS updates

Employment & Immigration

Contributed by ALTIUS
EU Posted Workers Directive: impact on employers posting workers to Belgium
  • Belgium
  • 29 July 2020

The Act of 12 June 2020 implemented the EU Posted Workers Directive in Belgium by introducing, among other things, adjustments to the Act of 5 March 2002 Relating to Labour, Salary and Employment Conditions When Posting Workers to Belgium. This article summarises the key changes introduced by the act and its impact on employers.

Share-related benefits granted by foreign parent companies: Esko strengthens view that social security contributions are due
  • Belgium
  • 15 July 2020

Benefits in general – and shares and restricted stock units in particular – attributed by a third party (eg, a foreign parent company) to employees of a Belgian (group) company will, in principle, be subject to Belgian social security contributions. If followed, the Ghent Labour Court of Appeal's recent decision in Esko will make it even harder, if not impossible, for international groups to avoid the payment of social security contributions.

Reopening your workplace after lockdown: 10 key questions
  • Belgium
  • 08 July 2020

With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during their employees' return to work, including what are employers' health and safety obligations, must employers consult staff or employee representatives on their health and safety measures and do fines or penalties for non-compliance exist?

No retroactive suspension of notice period due to COVID-19 temporary unemployment
  • Belgium
  • 24 June 2020

Until now, there has been no suspension of the notice period served on employees who have been made temporarily unemployed under the specific 'COVID-19 regime'. As employers could dismiss employees 'cheaply', a draft bill to suspend the notice period in the event of COVID-19 temporary unemployment was submitted in Parliament. The Chamber of Representatives has now voted to introduce the law without retroactive effect. But what does this mean for employers?

FAQs: Employment Ministry's and DPA's new positions on checking employees' temperatures
  • Belgium
  • 17 June 2020

The controversial issue of whether employers can check their employees' temperatures has been much debated. The Employment Ministry and the Data Protection Authority (DPA) have recently changed their positions in this respect. The Employment Ministry allows temperature checks, but only during the COVID-19 pandemic and provided that the decision to introduce such checks is included in the company's work rules. The DPA has also clarified its position regarding the processing of personal data.


Healthcare & Life Sciences

Contributed by ALTIUS
BCA confirms that merger control rules apply to creation of loco-regional hospital networks
  • Belgium
  • 12 August 2020

The Belgian Competition Authority's (BCA's) latest note reiterates that competition law rules concerning merger control fully apply to the creation of local hospital networks as required under the Act of 28 February 2019. Although hospitals seem largely unaware of the obligations under the merger control rules attached to such forms of cooperation, they should consider that the BCA is paying more attention to the sector and that significant penalties may be incurred for non-compliance.

Parliament adopts act increasing transparency of managed entry agreements
  • Belgium
  • 06 May 2020

Parliament recently adopted a new act to increase the transparency of managed entry agreements (MEAs) concluded between pharmaceutical companies and the National Institute for Health and Disability Insurance. MEAs stipulate confidential compensation mechanisms for the government regarding the publicly listed price and reimbursement basis of the medicines concerned.

Medical supplies: public procurement procedures in cases of extreme urgency
  • Belgium
  • 29 April 2020

The COVID-19 outbreak has created an urgent need for certain goods, including medicines and medical devices. However, do public authorities (eg, hospitals) still need to follow the complete public procurement procedures to procure these urgently needed goods? In cases of extreme urgency, such as that presented by the COVID-19 pandemic, contracting authorities can use the negotiated procedure without publication to place tenders.

Federal government restricts sale of PPE and medical devices for fighting COVID-19
  • Belgium
  • 29 April 2020

The minister of economic affairs recently adopted a ministerial decree which restricts the retail and wholesale distribution of certain types of personal protective equipment and medical devices used for treating COVID-19 patients. Further amendments were implemented by ministerial decrees on 27 March 2020 and 7 April 2020. This article provides a short description of the relevant trade restrictions followed by a legal analysis in light of fundamental principles of EU law.

Medicinal product reimbursement during pandemics and budgetary constraints: why quick fixes don't work
  • Belgium
  • 22 April 2020

The COVID-19 crisis has highlighted the fact that an EU common policy in the healthcare sector is virtually non-existent, especially in respect of medicinal product pricing and reimbursement. This article illustrates the need for national pricing authorities to consider that their policies could have unintended consequences and cross-border effects. Otherwise, national measures risk backfiring, as seems to have happened with the Belgian authorities' most recent attempt at further reducing medicinal product prices.


Insolvency & Restructuring

Contributed by ALTIUS
Government measures to assist companies during COVID-19 pandemic – interview
  • Belgium
  • 12 June 2020

Due to the lockdown measures and other restrictions imposed by the government to fight the COVID-19 pandemic, many companies are dealing with revenue losses while having the same level of (fixed) costs. In this video, Bart Heynickx, counsel at ALTIUS, discusses various insolvency issues that are arising in Belgium as a result of COVID-19.

Is my business automatically protected against creditors during COVID-19 crisis?
  • Belgium
  • 08 May 2020

Due to the lockdown measures and other restrictions imposed by the government to fight the COVID-19 pandemic, many companies are dealing with revenue losses while having the same level of (fixed) costs. Royal Decree No 15, which recently entered into force, implements new temporary measures to protect businesses that had not ceased payment before or on 18 March 2020 but found themselves in difficulty afterwards due to the COVID-19 crisis. These measures will last until 17 May 2020, unless extended.

Limits to privileged claims
  • Belgium
  • 28 February 2020

A Supreme Court judgment has clarified that new financing during reorganisation proceedings in principle results in new claims, leading to a privileged status of such claims in the framework of any subsequent liquidation. Further, it confirms that the courts require financing to be actual and new (ie, mere refinancing is insufficient).

Clawback: chasing assets
  • Belgium
  • 13 December 2019

The legal form of the actio pauliana offers options for creditors which are confronted with debtors that are disposing of important assets or organising their insolvency. This article reflects on some of the options offered under Belgian law by the actio pauliana, commonly referred to in English as the 'clawback' rules.

Effect of EU preventive restructuring directive on Belgian insolvency framework
  • Belgium
  • 18 October 2019

A number of legislative changes to Book XX of the Code of Economic Law may be required following the adoption of EU Directive 2019/1023/EU on preventive restructuring frameworks. This article focuses on the directive's potential effect on Book XX with regard to debtors in possession, the duration of moratoria, the suspension of enforcement during moratoria, the suspension and termination of ongoing contracts, the cramdown of creditors and the acceptance of reorganisation plans.


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