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European Directive (EU) 2019/1152 aims to improve working conditions by promoting, among others, more transparent and predictable employment.
It is transposed into Belgian law by the law of 7 October 2022.
This law provides for:
For a specified period, the employer may not take any adverse action against:
Important note! A complaint is understood to mean:
except for reasons not related to this complaint.
In the case of temporary agency work, the user is treated as the employer.
The protection period ends:
If, during the protection period, the employer takes an adverse action for reasons not unrelated to the complaint, he will be liable to pay either a lump-sum compensation corresponding to 6 months' gross remuneration or compensation equal to the damage actually suffered.
This compensation cannot be combined with other compensation provided for under a special protection procedure against dismissal.
The employer may not dismiss or prepare for the dismissal of a worker who exercises the rights arising from the law of 7 October 2022, except for reasons not related to the exercise of these rights.
The employer must:
In the absence of a reason or if the reason invoked for the dismissal is not unrelated to the exercise of the rights arising from the law, the employer is liable to pay the worker a lump-sum compensation equal to 6 months' gross remuneration, without prejudice to the compensation due upon termination.
This compensation cannot, however, be combined with other compensation provided for under a special protection procedure against dismissal.
The provisions as described above enter into force on 10 November 2022.
Source: law of 7 October 2022 partially transposing Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, Belgian Official Gazette, 31 October 2022.
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