Employment Law Attorney in Belgium

Belgian employment law is a legal layer cake. The 1978 law on employment contracts lays the foundation, but it's supplemented by dozens of sectoral or company collective bargaining agreements (CBAs), royal decrees, and European regulations. Each sector - construction, hospitality, banking, retail - has its own rules.

The specialized lawyer navigates this complexity with ease. They know that notice for a chemical sector employee isn't calculated the same way as for a construction worker. They understand the subtleties of protection against dismissal for staff representatives, union delegates, and pregnant women.

But their expertise goes beyond legal technique. The labour court has its peculiarities: it's composed of a professional judge assisted by two lay judges (one from the employer side, one from the worker side). Lawyers familiar with these courts know how to address this panel, which arguments resonate with lay judges, and how to present a case.

Finally, in employment law more than elsewhere, negotiation is often preferable to litigation. Breaking with your employer in court also means breaking with a professional network. The experienced lawyer knows when and how to negotiate an amicable departure, a settlement, or outplacement - sometimes more advantageous than a long and uncertain trial.

Dismissal is the king of disputes. Since the 2014 reform, every dismissal must be justified upon worker request. If the employer doesn't respond or if their justification is manifestly unreasonable, they face compensation of up to 17 weeks' salary.

Disputes over notice periods remain frequent despite the harmonization of blue-collar/white-collar status. The calculation depends on seniority, but transitional rules still create grey areas for contracts predating 2014.

Moral and sexual harassment in the workplace follows a specific procedure involving the prevention advisor. An employer who doesn't respond properly incurs liability. Damages can be substantial.

Unpaid overtime, unpaid commissions, promised but never granted benefits also generate their share of cases. The burden of proof is often crucial: keeping emails, schedules, and testimonies is essential.

Finally, protection for workers on probation, staff representatives, pregnant women, or those on maternity leave gives rise to specific litigation where statutory lump-sum compensation can be substantial.