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The UK supreme court recently held that unenforceable restrictions in non-compete clauses in employment contracts can be struck out or “severed” from the rest of the non-compete clause, so that the non-compete becomes enforceable. The (three) criteria to meet in order for severance to be possible are interesting also in the context of Belgian law, given earlier very similar decisions by the Belgian supreme court in 2015 (2x) and 2019. The latter decisions however all concerned situations outside an employment law context. It remains to be seen whether, in Belgium, this case law will also be confirmed in an employment law context. For a summary of the UK supreme court decision: check out the article by our UK colleagues in our global Littler practice: https://www.gqlittler.com/resources/news-and-views/the-supreme-view-on-post-termination-restrictions.htm
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In Belgium, social elections are held every four years. With the next elections taking place May 2020, companies and unions are preparing for this important event. Reliance|Littler has developed a series of videos (in Dutch, French and English) about the importance and implications of various aspects of the upcoming Belgium social elections. These videos will be released at key moments in the (preparation of the) social elections proces. The first video, together with a practical tool (to determine whether entities within Belgium will be considered as a single company for purposes of the election) is now available on https://www.littler.com/belgian-social-elections-may-2020
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This book (published May 2019) explains which clauses employers can insert in the employment contract to deter employees from joining competitors, poaching former colleagues, soliciting or dealing with customers or divulging business secrets. It also elaborates on whether a clause which violates the eligibility requirements is void if the employee invokes invalidity, or whether it is up to the court to moderate the clause in that case in order to make the clause valid. The book also gives an overview of the remedies employers have if they have reason to believe that an employee has breached the restrictive covenant (injunction and financial remedy or damages). ■
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Innovative companies require alternatives to the traditional employment relationship. We will shed our professional light on the employment law challenges of the gig economy including: (i) How to enable a successful development of the various platforms while, at the same time, ensuring protection of the platform-worker; (ii) Various legal forms of engaging platform-workers, including the consequences from an employment law and social security perspective.This webinar will be presented in English.To register: https://www.littler.com/events/gig-economy-lowlands-how-view-industry-belgium-and-netherlands
Delen
The Law on the continuity of undertakings (LCU) sets out the rules on judicial reorganisation by transfer under judicial supervision (with a view to maintaining all or part of the transferor or its activities and avoiding bankruptcy). The LCU allows the transferee to choose the employees it wishes to keep on. In its decision of 16 May 2019, the Court of Justice of the European Union says that the LCU entitling the transferee to choose the employees which it wishes to keep on, violates Council Directive 2001/23/EC of 12 March 2001 on TUPE. Link to decision: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62017CJ0509&from=NL