Reliance

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Nous partageons sous cette rubrique nos réflexions sur de récentes décisions ou informations en droit des ressources humaines. 

TUPE: When a transfer splits the employee…

The transfer of undertaking has given rise to a significant amount of case law, both in Belgium and on a European level. The Belgian regulations on the subject, as determined in the national collective bargaining agreement n° 32bis, are based on the European directive 2001/23. TUPE The principle of both cba n° 32bis and directive…

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Decision CJEU (26 March 2020) in situation of TUPE involving a number of transferees

On 25 May 2018, the Belgian labor court of Ghent requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on how to interpret the TUPE Directive (implemented in Belgium through collective bargaining agreement 32bis) in the situation of a transfer of undertaking involving a number of transferees. By its question,…

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Intra-EU labour mobility: latest facts and figures

The EU Commission has published its latest statistical reports on social security coordination and intra-EU labour mobility. The main findings in these reports are summarized below (incl. link to the full text of the reports). The EU rules on social security coordination protect the social security rights of mobile citizens. The main principle is that…

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New EU directive on whistleblowing protection: little impact in practice?

At the end of November 2019, the European Union published its new Directive on the protection of persons who report breaches of Union law – the so-called whistleblowers. The idea behind the directive is to guarantee the same minimum protection in the entire EU to those who render their concerns on potential violations of legislation…

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Increase in EU employment law legislation due to “European Pillar of Social Rights”

On 17 November 2017, the EU proclaimed the so-called European Pillar of Social Rights, a set of 20 key principles and rights delivering new and more effective rights for citizens. It has 3 main categories: (i) equal opportunities and access to the labour market, (ii) dynamic labour markets and fair working conditions and (iii) public…

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