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D1a - Employment contract in general
- D1a1 - What is to be understood by an employment contract?
- D1a2 - What is to be understood by an employment contract of indeterminate duration (CDI)?
- D1a3 - Must the employment contract be recorded in writing?
- D1a4 - Can the existence of a contract be proved without a written record?
- D1a5 - What if no written record has been drawn up?
- D1a6 - What should be done in the event of a refusal by either of the parties to sign the employment contract?
- D1a7 - What particulars must be set out in the employment contract?
- D1a8 - Does the omission of a mandatory information give rise to the nullity of the employment contract?
- D1a9 - When must the employment contract be entered into?
- D1a10 - From what point in time do the stipulations of the employment contract take effect?
- D1a11 - Is a party who is the victim of a unilateral termination of a contract before the start of work entitled to payment of compensation in lieu of notice?
- D1a12 - What is to be understood by an offer or promise of recruitment?
- D1a13 - Can the employment contract be terminated before the commencement of professional activity?
- D1a14 - In what language must the employment contract be drawn up?
- D1a15 - May the employment contract provide for variable working time?
- D1a16 - Is it possible to combine activity as an employee with an activity performed as a corporate officer with different companies?
- D1a17 - Is it possible to combine work as an employee with an activity performed as a corporate officer within the same company?
- D1a18 - Is it possible to combine several activities as an employee?
- D1a19 - May employment contracts be entered into in digital form?
- D1a20 - Are athletes and trainers to be regarded as employees?
- D1a21 – Are athletes and trainers to be regarded as employees?
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D1b - Fixed-term employment contract
- D1b1 - In what circumstances is recourse to a fixed-term employment contract (CDD) permitted?
- D1b2 - In what form must a fixed-term contract (CDD) be drawn up?
- D1b3 - What is the consequence of the absence of written record when the employee enters into service?
- D1b4 - What provisions must the fixed-term contract contain?
- D1b5 - What is the maximum duration of a fixed-term contract?
- D1b6 - What is the consequence of exceeding the maximum duration of a fixed-term contract?
- D1b7 - Can a fixed-term contract be renewed?
- D1b8 - What happens if the employment relationship continues after expiry of the contractual period?
- D1b9 - May the employer approach the same employee or another employee to replace the employee whose fixed-term contract has come to an end?
- D1b10 - In what cases is an employer excused from observing the waiting period?
- D1b11 - Does the employee retain his seniority at the end of a fixed-term contract if the employment relationship is continued?
- D1b12 - Do employees working under a fixed-term contract benefit from the same privileges as employees working under a contract of indeterminate duration?
- D1b13 - May a fixed-term contract provide for a probationary period?
- D1b14 - What period of notice must be given in the event of termination during the probationary period?
- D1b15 - What is the situation regarding cessation of a fixed-term contract?
- D1b16 - May a fixed-term employment contract be terminated before expiry of its term?
- D1b17 - What is to be understood by the term “seasonal contract”?
- D1b18 - What are the types of seasonal employment which allow the conclusion of seasonal contracts?
- D1b19 - May an employer conclude a new seasonal contract without any waiting period?
- D1b20 - May a seasonal contract be renewed from one season to another?
- D1b21 - Must a seasonal contract be concluded without fail for the total duration of the season?
- D1b22 - May a seasonal contract be concluded on an open-ended basis?
- D1b23 - May an employee whose fixed-term contract (CDD) does not cover more than 3 months nevertheless be entitled to annual recreational leave as from the first day of work?
- D1b24 - On the expiry of an assignment contract, is it permissible to approach another employee recruited on the basis of a fixed-term contract?
- D1b25 - Must the replacement of an absent employee be appointed to the same post as the one held by the absent employee?
- D1b26 - What is to be understood by exceptional expansion of an undertaking’s business?
- D1b27 - In what circumstances can a fixed-term employment contract be concluded without a specified contractual period?
- D1b28 - Is it possible to conclude a fixed-term contract before the commencement of maternity leave or parental leave?
- D1b29 - What is the situation when an absent worker returns before the end of the minimum period set in the CDD?
- D1b30 - In what cases is a fixed-term contract liable to be reclassified as a contract of indeterminate duration?
- D1b31 - Can an employee request that the fixed-term employment contract be converted into an employment contract of indeterminate duration?
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D1c - Change of working conditions
- D1c1 - Is the employer vested with managerial authority?
- D1c2 - Is it possible to alter the employment contract by mutual agreement?
- D1c3 - May the employer unilaterally change the employment contract?
- D1c4 - What is to be understood by a substantial clause of an employment contract?
- D1c5 – Must a change of working time be regarded as a substantial change to the employment contract?
- D1c6 – Is a change to the work schedule to be regarded as a substantial change to the employment contract?
- D1c7 – Is a change of workplace to be regarded as a substantial change to the employment contract?
- D1c8 – Is a change to the employee’s position or function to be regarded as a substantial change to the employment contract?
- D1c9 – What is the procedure for unilateral amendment with prior notice?
- D1c10 – What is the procedure for unilateral change with immediate effect?
- D1c11 – What are the consequences when the employee refuses to accept the substantial change made in compliance with the legal procedure?
- D1c12 – What is the consequence of non-observance by the employer of the legally prescribed procedure in the case of a unilateral change to a substantial clause to the detriment of the employee?
- D1c13 – Within what time limit may the employee take proceedings for annulment in the event of non-compliance by the employer with the legal procedure for substantial change?
- D1c14 – What is the time allowed to an employee to bring legal proceedings following the substantial change made in compliance with the legal procedure?
- D1c15 – What is the situation of an employee who continues to work following the entry into operation of a substantial change to his contract?
- D1c16 – Is an employee who resigned following a change to his employment contract entitled to a severance allowance?
- D1c17 – Does the same procedure for amendment to the employment contract apply in the case of internal redeployment?
- D1c18 – May an employer unilaterally make changes to the employment contracts of members of the staff delegation?
- D1c19 – May the employer unilaterally make changes to employment contracts of employees protected against dismissal?
- D1c20 – Are employees protected against a change to an essential cause of their employment contract decided upon in response to a protest, a complaint or the exercise of a remedy seeking observance of their rights as provided for in the Labour Code?
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D1d - Clauses contained in the employment contract
- D1d1 - What is a non-competition clause?
- D1d2 - Under what conditions can a non-competition clause be included in the employment contract?
- D1d3 - May the parties include optional clauses in their contract?
- D1d4 - Is it possible to insert a confidentially/discretion clause requiring the employee to observe secrecy regarding the business of the employer?
- D1d5 - Is it possible to include a geographic-mobility clause in an employment contract?
- D1d6 - What types of clauses have been declared void by statute or by case law?
- D1d7 - May the parties to an employment contract agree upon a minimum and maximum weekly working time in the employment contract?
- D1d8 - Is an employment contract providing for a minimum and maximum number of hours’ work, which may be as much as 40 hours’ work per week, to be regarded as a full-time contract?
- D1d9 - What is the situation if the employment contract does not mention the weekly working time?
- D1d10 – Is it possible to include a clause prohibiting an employee from taking on a second job?
- D1d11 – Can a clause provide for retaliatory measures or unfavourable treatment in response to a protest, a complaint or the exercise of a remedy by employees seeking observance of their rights as provided for in the Labour Code?
