Newsletter 2023 – 10
1 Office news
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| Mr. Rob Valkeneers wrote a column on www.jubel.be titled “AI and Law: A Brief Historical Overview”. Artificial intelligence has made enormous strides in a short period of time. Rob Valkeneers delves into the history of artificial intelligence: where does AI come from, and where is it headed? And what is the impact on the law? |
2 Legislation – Right to use mobile phone numbers after employment contract
The government has a lot of work to do to get its budget in order, to reform the labor market, etc. In the meantime, some members of the House of Representatives found the time to submit a bill on a topic that could be important for individual employees.
On December 15 last, the bill to guarantee the right to use employees' mobile phone numbers after the termination of the employment contract was approved in the Chamber (Parl.St. Chamber, 55 3091).
This law introduces an additional provision into the employment contract. It stipulates that an employee who transfers their mobile number to their employer upon joining or during the performance of the employment contract has the right to reclaim the right to use it after the end of the employment contract.
The employer is obliged to respond positively if the employee submits the question in writing, stating the date, within one month after the end of the employment contract.
Please note that this amendment to the law does not oblige the employer to transfer to the employee the mobile number that he himself assigned to the employee (the right of use of which was therefore not transferred by the employee to the employer) after the end of the employment contract.
This regulation will enter into force on 1 January 2024. It will also apply to employees who transferred their mobile number to the employer before this date.
| Dirk Wijns, seniorconsultant |
| dirk.wijns@mploy.be |
3 Jurisprudence – Quarantine and vacation days
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| Court of Justice December 14, 2023, Sparkasse Südplatz, C-206/22 | ||
| The Court ruled that quarantine is not the same as illness. An employee who is required to quarantine during their vacation due to COVID-19 will not be able to use the "lost" vacation days at a later date.
European law stipulates that Member States must take the necessary measures to ensure that all workers enjoy four weeks of paid annual leave each year (see Directive 2003/88). The purpose of this right to annual leave is to allow workers to rest and enjoy a period of relaxation and leisure. This purpose differs from the purpose of the right to sick leave, which is to enable workers to recover from illness (ECJ 30 June 2016, Sobczyszyn, C-178/15). Consequently, a worker who is on sick leave during a predetermined annual leave period is entitled to take this leave during a period other than that which coincides with the period of sick leave (ibid.). In its judgment of 14 December 2023, the Court ruled that a period of compulsory quarantine cannot be equated with sick leave. A quarantine period does not, in itself, affect the worker's right to rest and relax during their holidays. Directive 2003/88 does not intend that every event that could prevent a worker from fully enjoying a period of rest or relaxation constitutes grounds for granting that worker additional leave to protect the purpose of annual leave. In this regard, employers and employees must take into account the provisions of the new Article 32/1 of the Employment Contracts Act, which will enter into force on January 1, 2024. These new provisions were introduced to implement the right to annual leave in the event of illness, as defined by the Court of Justice, among others, in the Sobczyszyn judgment, into Belgian law. From January 1, 2024, if an employee becomes ill during a period of paid leave, they will be required to provide their employer with a medical certificate and their residential address. They will also be required to inform their employer whether they wish to exercise their right to retain their leave entitlement from the end of the period of incapacity for work. According to the new Article 32/1, the King can still establish a specific model medical certificate for incapacity for work occurring during a period of annual leave, but the use of this model is optional (!). To date, no such Royal Decree has been published.
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