Claeys & Engels

Claeys & Engels

Law Practice

Brussels, 1170 9,062 followers

About us

At Claeys & Engels, we offer a full range of legal services in all areas concerning human resources. We like to think that what sets us apart is how we partner with our clients and accomplish results that matter to our client's business. With a large team of specialized HR lawyers in six different offices across Belgium, we are where you need us to be. And as a founding member of Ius Laboris, we offer HR law services for cross-border legal issues in all major jurisdictions Our expertise: Employee representation Business law Compensation and benefits Social inspection and criminal law Mobility and immigration Data protection and privacy Discrimination Corporate governance Hiring and recruitment Health and safety Pensions Restructuring and transfer of undertaking Termination of employment Social elections Tax Unfair competition and intellectual property Working hours and time off Public sector

Industry
Law Practice
Company size
51-200 employees
Headquarters
Brussels, 1170
Type
Privately Held
Founded
2001

Locations

Employees at Claeys & Engels

Updates

  • 𝐍𝐨𝐧-𝐩𝐚𝐫𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐚 𝐬𝐭𝐫𝐢𝐤𝐞: 𝐜𝐚𝐧 𝐭𝐡𝐞 𝐚𝐛𝐬𝐞𝐧𝐜𝐞 𝐨𝐟 𝐚 𝐭𝐫𝐚𝐝𝐞 𝐮𝐧𝐢𝐨𝐧 𝐜𝐨𝐧𝐯𝐢𝐜𝐭𝐢𝐨𝐧 𝐜𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐞 𝐚 𝐠𝐫𝐨𝐮𝐧𝐝 𝐟𝐨𝐫 𝐝𝐢𝐬𝐜𝐫𝐢𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧? Given the strike yesterday against possible future pension changes, this might be a hot topic. The Act of 10 May 2007 to combat certain forms of discrimination, prohibits discrimination based on a range of criteria, including trade union conviction. While cases in which a worker claims damages for discrimination based on trade union conviction are more common, this is not the case if a worker claims damages for discrimination based on his or her lack of a trade union conviction (and non-participation to a strike). In a 2023 case, the Brussels labour court pointed out that the protected criterion of ‘trade union conviction’ includes membership of or belonging to a trade union as well as trade union activities. According to the court, the absence of trade union conviction does not fall within the legally protected criteria contained in the Act of 10 May 2007. The court further finds that the non-participation in a strike does not necessarily express a ‘negative’ trade union conviction. As such, a worker who is not affiliated to a union can decide to participate in a strike and vice versa, a worker who is affiliated to a union can decide not to participate. The court also stressed that the reason for a non-unionized worker not to participate in a strike may be financial and not due to a lack of union conviction. Taking all these factors into account, the worker was not entitled to a lump-sum compensation for discrimination. Note that there are, however, others who argue that the lack of a trade union conviction does fall under the scope of the discrimination regulations so the final word has not yet been said on this. #strike #tradeunion #discrimination #Claeysengels

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  • 𝐉𝐨𝐢𝐧 𝐎𝐮𝐫 𝐏𝐞𝐧𝐬𝐢𝐨𝐧𝐬 𝐓𝐞𝐚𝐦 𝐢𝐧 Brussels! 🌟 Claeys & Engels is looking for a dynamic and enthusiastic 𝐏𝐞𝐧𝐬𝐢𝐨𝐧𝐬 𝐋𝐚𝐰𝐲𝐞𝐫 (with or without experience) to join our team in Brussels. If you are ready to take your career to the next level, we want to hear from you! 📚 𝐖𝐡𝐚𝐭 𝐰𝐞'𝐫𝐞 𝐥𝐨𝐨𝐤𝐢𝐧𝐠 𝐟𝐨𝐫: ✓ Master’s degree in law ✓ Dutch-speaking ✓ Experience in pensions is a plus ✓ Good command of French and English (written and spoken) ✓ Team spirit, flexibility, strong communication skills, and client-oriented approach 💼 𝐖𝐡𝐚𝐭 𝐰𝐞 𝐨𝐟𝐟𝐞𝐫: ✓ Work with local and international clients on high-level matters ✓ Continuous professional development and seminars ✓ Speak at client seminars and contribute to legal publications ✓ Career growth with internal coaching ✓ 3-month work abroad opportunity after 3 years (Ius Laboris network) ✓ Competitive salary, bar dues reimbursement, and additional benefits Are you ready to join a leading firm in employment law? 📩 Apply now by sending your CV and a short motivation letter to 𝒋𝒐𝒃𝒔@𝒄𝒍𝒂𝒆𝒚𝒔𝒆𝒏𝒈𝒆𝒍𝒔.𝒃𝒆. #EmploymentLaw #JoinOurTeam #ClaeysAndEngels #CareerOpportunities #Brussels

  • 𝐒𝐭𝐫𝐢𝐜𝐭𝐞𝐫 𝐫𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐜𝐞𝐫𝐭𝐚𝐢𝐧 𝐬𝐮𝐛𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐢𝐧𝐠 𝐜𝐡𝐚𝐢𝐧𝐬 Subcontracting chains can be a source of abuse against workers (social dumping, human trafficking, fraud, etc.).   To reduce this type of risk in certain sectors of activity - construction, the meat industry and the moving industry - Chapter 11 of the Act of 15 May 2024 amending the Social Penal Code introduces strict rules to be complied with in the event of subcontracting in each of these three sectors.   The Act also introduces a level 4 penalty for subcontractors who fail to comply with these rules.   These measures have entered into force on 1 January 2025, although the Royal Decree was only published in the Official Belgian Gazette today. The entry into force is therefore retroactive. #Socialpenalcode #Subcontractingchains #Construction #Meat #Moving #Intoforce #Claeysengels

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  • +++ 𝐔𝐧𝐥𝐨𝐜𝐤 2025 : 8 𝐄𝐬𝐬𝐞𝐧𝐭𝐢𝐚𝐥 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 & 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬 𝐈𝐧𝐬𝐢𝐠𝐡𝐭𝐬 𝐘𝐨𝐮 𝐂𝐚𝐧’𝐭 𝐌𝐢𝐬𝐬 +++ 2️⃣/8️⃣ 𝑹𝒆𝒎𝒖𝒏𝒆𝒓𝒂𝒕𝒊𝒐𝒏 𝒂𝒏𝒅 𝑺𝒐𝒄𝒊𝒂𝒍 𝑺𝒆𝒄𝒖𝒓𝒊𝒕𝒚 𝑪𝒐𝒏𝒕𝒓𝒊𝒃𝒖𝒕𝒊𝒐𝒏𝒔: 𝑨 𝑪𝒐𝒏𝒕𝒆𝒔𝒕𝒆𝒅 𝑪𝒐𝒏𝒄𝒆𝒑𝒕 The concept of remuneration 💰 subject to social security contributions has been debated for several years. The NSSO, based on the “Sisley” case law, argues that a benefit, even if borne by a third party (financially or legally), constitutes remuneration if there is a link between its granting and the work performed or the role carried out for the employer. Claeys & Engels believes this stance is debatable, particularly considering the legal criterion « at the employer’s charge". If a third party assumes an obligation of its own, it should not be considered as remunerating the work performed for the employer, especially in cases like free share plans set up by a (foreign) parent company for employees working for a Belgian subsidiary (employer). In any case, there are arguments in favor of this.   ⚠️ Important to know: case law is "fluctuating," and a recent decision by the Brussels Labor Court unfortunately (and wrongly, in our view) validates the NSSO's position. #Remuneration #SocialSecurityContributions #NSSO #CaseLaw #ClaeysEngels

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  • 𝐅𝐥𝐞𝐦𝐢𝐬𝐡 𝐑𝐞𝐠𝐢𝐨𝐧: 𝐃𝐞𝐥𝐚𝐲𝐞𝐝 𝐞𝐧𝐭𝐫𝐲 𝐢𝐧𝐭𝐨 𝐟𝐨𝐫𝐜𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐧𝐞𝐰 𝐬𝐭𝐫𝐢𝐜𝐭𝐞𝐫 𝐜𝐡𝐚𝐢𝐧 𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐫𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧𝐬 In 2024, the Flemish Government made its chain liability regulations stricter. The new regulation provided that, from 1 January 2025 onwards, (intermediary) contractors would be obliged to request additional data and documents related to the employment of foreign workers and self-employed persons from their direct subcontractors. An analysis has however revealed that an adjustment of the scope of application of the new regulation is needed and that the online platform, which will enable consulting certain information, is not yet operational. These elements made the entry into force date of 1 January 2025 no longer feasible. Therefore, the Flemish government has postponed the entry into force to 1 January 2026. Don’t hesitate to (re-)read our previous newsflashes on the subject. #employment #thirdcountrynationals #liability #claeysengels

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  • View organization page for Claeys & Engels, graphic

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    𝐑𝐞𝐧𝐝𝐞𝐳-𝐯𝐨𝐮𝐬 𝐚𝐮 𝐒é𝐦𝐢𝐧𝐚𝐢𝐫𝐞 𝐕𝐚𝐧𝐡𝐚𝐦 - 20 𝐟é𝐯𝐫𝐢𝐞𝐫 2025 📍   Claeys & Engels est ravi de participer à cette journée dédiée aux implications du nouveau droit de la 𝒓𝒆𝒔𝒑𝒐𝒏𝒔𝒂𝒃𝒊𝒍𝒊𝒕é 𝒆𝒙𝒕𝒓𝒂𝒄𝒐𝒏𝒕𝒓𝒂𝒄𝒕𝒖𝒆𝒍𝒍𝒆, organisé à l’Hôtel Hilton Brussels Grand Place.   🔎 Luc Bihain, avocat associé chez Claeys & Engels, abordera les questions suivantes :   Quelles implications découlent des nouvelles règles applicables en matière de responsabilité de l’employeur du fait de son personnel ? Quels sont les risques effectifs de mise cause par des tiers de la responsabilité des travailleurs ? Quid en cas de recours à la sous-traitance ou au travail intérimaire ?   📅 Quand ? Jeudi, 20 février 2025, de 9h à 17h30 📌 Où ? Hôtel Hilton Brussels Grand Place   👉 N’hésitez pas à vous inscrire : Plus d’informations et programme via ce lien : https://lnkd.in/e-izYmXu   #ResponsabilitéExtracontractuelle #NouveauLivre6CodeCivil #Changements

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  • 𝑪𝒐𝒏𝒈𝒓𝒂𝒕𝒖𝒍𝒂𝒕𝒊𝒐𝒏𝒔! We are excited to celebrate a significant milestone for four exceptional members of our team at Claeys & Engels! 🥂   A huge congratulations to 𝐕𝐞𝐞𝐫𝐥𝐞 𝐕𝐚𝐧 𝐊𝐞𝐢𝐫𝐬𝐛𝐢𝐥𝐜𝐤 and Julie De Maere on achieving the esteemed status of 𝘊𝘰𝘶𝘯𝘴𝘦𝘭 and to Justine Vaesen and Charlotte Pil on their well-deserved promotion to the position of 𝘚𝘦𝘯𝘪𝘰𝘳 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘦 🌟   We wish you all a fulfilling career, marked by success and new accomplishments 🎯 #Congratulations #OneCollaborativeTeam #ProfessionalGrowth #ClaeysEngelsFamily

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  • 𝐉𝐨𝐢𝐧 𝐎𝐮𝐫 𝐓𝐞𝐚𝐦 𝐢𝐧 𝐁𝐫𝐮𝐬𝐬𝐞𝐥𝐬! 🌟 Claeys & Engels is still looking for a 𝐓𝐚𝐱 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐓𝐫𝐚𝐢𝐧𝐞𝐞 to join our dynamic team in Brussels. If you are passionate about 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 & 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬, with a focus on 𝐭𝐚𝐱 𝐥𝐚𝐰, we would love to hear from you! 📚 𝐖𝐡𝐚𝐭 𝐰𝐞'𝐫𝐞 𝐥𝐨𝐨𝐤𝐢𝐧𝐠 𝐟𝐨𝐫: ✓ Master's degree in Law + Advanced Master in Tax Law ✓ Interest in the fiscal and social security aspects of HR, including Compensation & Benefits in a national and international context ✓ Native Dutch speaker with a good command of French and English ✓ Strong team player, communicative, and client-focused ✓ Experience is a plus, but not required 💼 𝐖𝐡𝐚𝐭 𝐰𝐞 𝐨𝐟𝐟𝐞𝐫: ✓ Work in a prestigious law firm with an international reputation ✓ Continuous professional development through extensive training and seminars ✓ Competitive salary and additional benefits Are you ready to take the next step in your career? 📩 Apply now by sending your CV and a short motivation letter to 𝒋𝒐𝒃𝒔@𝒄𝒍𝒂𝒆𝒚𝒔𝒆𝒏𝒈𝒆𝒍𝒔.𝒃𝒆. #TaxAttorney #CompensationAndBenefits #JoinOurTeam

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  • +++ 𝐔𝐧𝐥𝐨𝐜𝐤 2025 : 8 𝐄𝐬𝐬𝐞𝐧𝐭𝐢𝐚𝐥 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 & 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬 𝐈𝐧𝐬𝐢𝐠𝐡𝐭𝐬 𝐘𝐨𝐮 𝐂𝐚𝐧’𝐭 𝐌𝐢𝐬𝐬 +++ 1️⃣/8️⃣ 𝑪𝒂𝒇𝒆𝒕𝒆𝒓𝒊𝒂 𝑷𝒍𝒂𝒏: 𝑩𝒆𝒘𝒂𝒓𝒆 𝒐𝒇 "𝑷𝒉𝒂𝒏𝒕𝒐𝒎 𝑾𝒂𝒈𝒆𝒔"! When opting for a salary sacrifice, especially within a cafeteria plan, it's essential to respect all the consequences of this choice💡 Concrete example: if a reduction in gross monthly salary is agreed in exchange for a company car, the reduced salary must then be used as the basis for calculating indexations, vacation pay, year-end bonuses, etc. Therefore, maintaining a "phantom salary" is not an option ❌ 🔍 Important to know: the NSSO maintains a strict stance on this matter. Any attempt to bypass this rule could lead to a risk of social security contribution adjustments in the event of an audit. Don't take any risks – ensure your cafeteria plan complies with the current regulations 💼 #CompensationBenefits #CafeteriaPlan #PhantomSalary Claeys & Engels

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  • 𝐄𝐧𝐝-𝐨𝐟-𝐲𝐞𝐚𝐫 𝐥𝐞𝐠𝐢𝐬𝐥𝐚𝐭𝐢𝐯𝐞 𝐜𝐡𝐚𝐧𝐠𝐞𝐬: 𝐌𝐢𝐧𝐢𝐦𝐮𝐦 𝐰𝐚𝐠𝐞𝐬 𝐚𝐧𝐝 𝐭𝐚𝐱 𝐮𝐩𝐝𝐚𝐭𝐞𝐬 On the last day of the year, the legislature published two pieces of legislation important for employers.   The first text concerns a bill that partially transposes Directive (EU) 2022/2041, aimed at creating adequate minimum wages in the European Union. 💰 This Directive, which came into effect on November 15, 2022, seeks to improve living and working conditions in the Union, by providing rules ensuring adequate minimum wages for workers across the EU.   The Directive establishes a procedural framework consisting of three main components: ✔️ The promotion of collective bargaining on wage formation ✔️ The promotion of adequate statutory minimum wages ✔️ Access to minimum wage protection   The newly published bill only transposes the first and third component of the Directive.   💡 The Bill enters into force today, 31 December 2024.   The second legislative text outlines recent changes to the Belgian tax code regarding the exemption from withholding tax for employers affected by natural disasters and those involved in specific types of work, such as shift work and overtime. 🧾 The royal decree introduces several changes to the formalities that employers must fulfill as withholding tax debtors.  

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