In a recent decision, the Litigation Chamber of the Belgian Data Protection Authority (DPA) indicated that it is unlikely that valid consent to the processing of biometric data can be given in the context of an employment relationship. The employee in this case was first employed as a temporary worker and then as an employee of the employer. The employer used a time recording system based on fingerprints….
The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law. Belgium treats pregnancy/maternity as a protected status. When an employer dismisses an employee who is pregnant or has recently given birth, it must be able to prove that the reasons underlying the dismissal are completely…
Belgium has significantly expanded the scope of its anti-discrimination law. The new law also increases the sanctions that can be imposed in cases where discrimination is found. On 20 July 2023, an amendment to the law was published in the Belgian State Gazette that significantly expands anti-discrimination legislation, both in terms of its material scope and in terms of the sanctions that can be imposed…
Belgium has expanded its Anti-Discrimination Act to cover individuals’ ‘state of health’, which means their past medical history is now covered. Belgium has prohibited discrimination based on an individual’s ‘current or future state of health’ since 2007. On 7 July 2022, a bill was passed which broadens this. The concept of ‘current or future state of health’ is replaced by ‘state of health’, meaning that an…
The Belgian DPA has recently fined a company for delaying the closure of ex-employees’ email accounts. The Belgian Data Protection Authority (DPA) recently decided to impose an administrative fine of EUR 15,000 on a company that only closed email addresses linked to employees (surname and first name) who had left the company after 2.5 years. According to the DPA, non-closure of these email addresses constitutes…
New Belgian legislation introduces more flexibility into applications for parental leave, leave for palliative care and leave for medical assistance to a seriously sick member of the household or family. The Royal Decree of 5 May 2019 amending various provisions concerning special leave enters into force on 1 June 2019. This Royal Decree leaves in place existing arrangements concerning parental leave, leave for palliative care…
A draft Brexit Act has been submitted to Parliament to cover the worst short-term consequences of a no-deal Brexit. The Act would only enter into force if the UK leaves the EU without a deal and provided the UK reciprocates. It provides for a transitional period until 31 December 2020 during which: The residence rights of UK citizens residing in Belgium (electronic E(+) card) or…
The European Court of Justice has ruled that Belgian legislation cannot circumvent EU law by acting unilaterally against fraudulently acquired A1 declarations. Legislative action of that kind oversteps the limits of what Member States are allowed to do under EU law. On 11 July 2018, the Court of Justice ruled that Belgium has violated European rules by giving national judges, the National Social Security Office…
In a judgment of 20 February 2018, the Brussels Labour Court decided that the consequences of cancer can constitute a disability for employment law purposes. This ruling has important implications for employers, as failing to adapt working conditions for employees with cancer can now be considered discrimination. Background The worker, employed as a full-time salesperson, had reported to her employer that she had been diagnosed…
This article sets out the steps organisations should take in dealing with a breach of data privacy from an employment law perspective, based on recent regulatory guidance in Belgium. What should you do if your company is affected by a cyber-attack and hackers purchase your employees’ personal data, or one of your employees loses a USB stick or laptop containing personal data? Guidance issued by…