In this section, we share our thoughts on recent interesting decisions or information in human resources law.

GDPR: New HR obligations? Adapted tools at your disposal.

A few weeks before the entry into force of the General Data Protection Regulation (GDPR), everyone is focusing on the actions to be taken to comply with the new rules applicable as of next 25 May. The management of human resources involves the processing of a great deal of personal data. Special attention must therefore…


Is the dismissal of a worker unable to work due to illness (not disability) a discriminatory measure based on the state of health? No, if the dismissal is justified by the need to reorganise the department.

A female worker is dismissed with a payment of compensation in lieu of notice during her inability to work due to burnout. She summons her former employer before the Brussels labour court: The employee had been employed since 2008. In February 2013, she was promoted and received a raise linked to objectives to be achieved…


The wearing of religious symbols at work

The two recent decisions of the EU Court of Justice (hereinafter “the Court”). Bougnaoui v. Micropole and Achbita v. G4S Secure Solutions were instances expected to give, each in their own context, an answer to the following question: in what conditions can an employer from the private sector prohibit the wearing of religious symbols at work? 1. Balance between…


Exemption of performance during notice period? Beware of implicit dismissal!

An employer who unilaterally exempts an employee from performance during the notice period is guilty of an implicit dismissal, because not providing work is a change of an essential contract component. The fact that the employee waited over one month to bring up the implicit dismissal was also not late, as a result of which…


The annulment under the Dutch Language Decree: if the ban on competing is eliminated, then the necessity to compensate the negative effects is also eliminated.

An employment agreement in English and the non-compete clause it contains, are absolutely void due to violation of the Dutch Language Decree. The correction that the annulment may not negatively affect the rights of the employee, and which is provided in article 10 of the Dutch Language Decree, does not cause the absolutely void non-compete…