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Legal advice on employing personnel

Everyone knows that numerous regulations must be followed during employment. At Mploy, we have the experience and expertise to provide you with optimal guidance and advice.

We guide you every step of the way

As an employer, you must register with the RSZ (National Social Security Office). From then on, you must declare your employees' work performance and wages, and social security contributions are also due.

There's no room for discrimination during employment. This is less obvious than it might seem at first glance.

Employment

Every employer must first and foremost ensure up-to-date employment regulations. You also want to clearly outline your policies. Consider, for example, company confidentiality, use of company cars, mobile phones, and laptops, and internet and email use. We'll work with you to create clear and effective documents that define the employment relationship. Our extensive experience has taught us which clauses are important in this regard.

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Not all employees work exclusively in Belgium for their entire career. Increasingly, they work abroad, either partially or fully, temporarily or permanently. Employers and employees must then take into account specific rules regarding their employment relationship and the applicable social security system.

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The internet, Facebook, Twitter, email, car tracking systems, … New media and technologies have long since penetrated the workplace and their use in some cases conflicts with the employee's right to privacy.

While the right to privacy is a fundamental right, that doesn't mean it has no limits. Especially in the context of an employment relationship, the employee's right to privacy will sometimes have to yield to other rights or interests. The key then is to properly reconcile these different interests.

The same applies to the correct processing of personal data (General Data Protection Regulation, better known as the GDPR).

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In Belgium, we have a tradition of social dialogue, with trade unions playing a strong role. We support employers in their dealings with unions, for example, during meetings of the works council (OR) or the committee for protection and prevention at work (CPBW) and employee representatives ("protected workers").

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Social elections, works councils, prevention and protection committees, union delegations. Larger companies—and therefore don't necessarily have 50 employees—will encounter one or more of these issues. Mploy has built up extensive expertise in these areas. The same applies to joint committees and their collective labor agreements.

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The business world is evolving rapidly. Mergers, acquisitions, restructurings, and so on are all developments that impact your staff.

But even without immediate plans for a merger, acquisition, or restructuring, it's not a bad idea to have all HR policy and management data checked for compliance with the numerous legal and regulatory provisions.

As part of a social audit, we're happy to review your employment regulations and verify that all administrative formalities regarding part-time work are in order. We also ensure compliance with all sectoral and other collective labor agreements, including pay scales, and that expense reimbursements are justified.

We also support clients who wish to scale down their operations. This can range from a limited restructuring to collective layoffs and even closure. We support you – both in the front and behind the scenes – and offer assistance with scrupulous compliance with legal formalities and calculating the cost.

In the event of a business transfer, we have the necessary experience to manage this operation successfully from both the transferor and the acquirer's side.

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We're also experts in related forms of independent collaboration, such as commercial agency and management agreements. It goes without saying that we avoid false self-employment in these cases.

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Companies are increasingly outsourcing work and using subcontractors for this purpose. In some cases, the client can still be held liable for misconduct by their subcontractor. A solid subcontracting agreement is therefore essential.

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As an employer, you must ensure that your employees are employed safely. This applies to both their physical safety and mental well-being. The employer bears the ultimate responsibility for this and can be held accountable for it.

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Approximately 125,000 occupational accidents occur annually in Belgium. One fatal occupational accident every four days.

We represent the interests of employers and members of the hierarchical line: during police questioning, when drafting and following up on the mandatory detailed report, in contacts with the inspectorate, and also in court.

We assist victims of workplace accidents in discussions with their occupational accident insurer or Fedris, both regarding whether or not to accept the accident and regarding the determination of the temporary and permanent medical consequences and the resulting compensation.

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