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The law identifies a number of activities which it classifies as dangerous for the health and safety of a pregnant or breastfeeding woman. Those activities, considered as dangerous, are divided into 2 categories: the 1st category includes tasks such as...

Employees may work beyond the daily limit of 8 hours and the weekly limit of 40 hours provided that the average weekly working time, calculated over the applicable reference period, does not exceed either 40 hours or the maximum normal...

Yes. If, whilst the WOP is being applied, the employer is confronted with an event compelling him to make changes to it, he may do so. However, he must give notice of the change to the employee concerned, observing a...

The burden of proof for giving notice on the 1st day of absence and the submission of the medical certificate falls upon the employee. It is therefore incumbent upon the employee to prove that the employer had notice of his...

Yes. The time limit of one month for alleging serious misconduct is suspended during the period covered by a medical certificate and starts running again when the employee resumes work or on the expiry of the 26-week period of uninterrupted sickness.

An employee’s employment contract comes to an end automatically on the day of the exhaustion of his entitlement to the pecuniary sickness allowance granted to him in accordance with the provisions of the Social Security Code, that is to say...

In principle, an employee incapable of working is entitled to full maintenance of his wages and other advantages deriving from his employment contract until the end of the calendar month in which falls the 77th day of incapacity for work...

Yes. An employer who does not terminate the employee’s employment contract after a period of 26 weeks (duration of protection) is required to supplement the pecuniary sickness allowance or the payment made to him in order to bring it up...

Yes. If an employee falls ill during his annual recreational leave, the days of sickness recognised as such by a medical certificate are not regarded as days of leave. The remaining leave must therefore be recalculated by common agreement between...

Opinions of the occupational doctor may be re-examined. The employer or the female employee concerned may request a re-examination by registered letter within 15 days following notification of the opinion. The request for a re-examination must be submitted to the...

Yes. Every work organisation plan (WOP) must be submitted in advance to the competent staff committee for it to give its opinion on it or, if there is no committee, to the staff concerned, no later than 5 days before...

Flexible working hours (flexitime) are a work-organisation system which facilitates day-to-day adjustments of individual working time and timetables in compliance both with the legal limits on working times and with rules to be adopted in advance in connection with any...

The obligation to present himself at his place of work, or else to explain his absence and provide supporting documents, is an elementary obligation of the employee. Also, according to consistent case law, any absence is unjustified for so long...

Yes. Frequent and/or prolonged absences on account of sickness may constitute a ground for dismissal with notice. The view has been taken in the case law in particular that: habitual absenteeism for health reasons may be a cause of breach...

Permission to leave home is always authorised for medical reasons, and therefore the employee may, during sickness leave, visit the doctor designated by the employer. Also, the employee should not be obliged to allow the doctor sent by the employer...