Filter results
Skills domains
Topic(s)
- D01 - Employment contracts
- D02 - Other contracts
- D03 - Probationary period
- D04 - Remuneration
- D05 - Working hours
- D06 - Sickness
- D07 - Employment of persons who are pregnant, or have recently given birth or are breastfeeding
- D15 - Posting of employees
- D17 - Délégations du personnel et conventions collectives
-
D7c7 - May an employer who is closing his business dismiss a pregnant employee with notice?
In a judgment, the Court answered in the affirmative. Although the Labour Code does not regulate either such a situation or the conditions for an employer’s voluntary closure of his company, the Court decided to give precedence to the legitimate...
-
D7c6 - Must a female employee continue to attend work after being dismissed with notice?
In a judgment, the Court answered in the affirmative. In fact, under the Labour Code, an employer is prohibited from giving notice of termination of the employment relationship or, where applicable, convening a female employee to a pre-dismissal interview where...
-
D7c3 - Does the period of maternity leave confer entitlement to days of leave?
The period of maternity leave is assimilated to a period of actual work giving rise to entitlement to recreational annual leave. Annual leave not yet taken at the start of maternity leave is carried over within the legal time limits.
-
D7d1 - What is to be understood by “breastfeeding woman”?
A breastfeeding woman means any female employee who is breastfeeding her child beyond the period of 12 weeks following the birth and who informs her employer of that fact by means of a medical certificate sent by registered letter. Nota...
-
D7c4 - May a pregnant employee decide not to resume employment at the end of her maternity leave?
Nota Bene The employee’s request for re-recruitment and the offer made thereafter to her by the employer and, finally, any refusal of that offer by the female employee must be notified by registered letter with a return receipt.
-
D7d2 - Can an employer ask a breastfeeding woman to provide a breastfeeding certificate ?
Yes. The employer may ask the breastfeeding woman to provide a medical certificate attesting that she is still breastfeeding her child, but such requests may not be made at too frequent intervals.
-
D7b1 - May a pregnant woman be dismissed?
A female employee enjoys protection against dismissal as from the day on which she has delivered to her employer her certificate of pregnancy and this lasts for the 12 weeks following her giving birth (regardless of whether or not she...
-
D7c5 - How is a female employee remunerated during maternity leave?
During maternity leave, employed or self-employed women are entitled to a pecuniary maternity allowance, provided that they were affiliated on a compulsory basis for 6 months during the year preceding the maternity leave. The pecuniary maternity allowance is equal to...
-
D7d3 - Does a breastfeeding woman benefit from breastfeeding time during the working day ?
At the request of an employee breastfeeding her child, the employer must grant her breastfeeding time during the normal working day. Such breastfeeding time comprises: two periods of 45 minutes each, the 1st period at the start of her daily...
-
D7c2 - Is the employer required to keep open the post of the pregnant women?
During the maternity leave, the employer is required to keep the post for the absent female employee or, if that is impossible, a similar post corresponding to her qualifications and attracting remuneration that is at least equivalent. The period of...
-
D2b3 - May a student contract for pupils and students be concluded orally?
A contract between an employer and the pupil or student must be concluded: in writing; no later than upon the time of entry into service. In the absence of a written contract, the recruitment is deemed to be under an...
-
D6c1 - What is meant by a progressive return to work for therapeutic reasons ?
This refers to the possibility for an employee who is unable to work for medical reasons to progressively resume work for therapeutic reasons, even if full recovery has not yet been achieved, provided that returning to work and the duties...
-
D1b5 - What is the maximum duration of a fixed-term contract?
The duration of the contract may not, for one and the same employee, exceed 24 months, including renewals. A contract of a seasonal nature may not be concluded for a period exceeding 10 months in the same period of 12...
-
D7d4 - How is breastfeeding time calculated for a part-time employee who is breastfeeding?
Definition By definition, a part-time employee follows a work schedule whose weekly duration is less than the normal working time applicable in the company. Breastfeeding time must therefore be apportioned by reference to the daily working time of the breastfeeding...
-
D6c6 - Does an employee on a progressive return to work for therapeutic reasons retain full entitlement to their statutory leave ?
An employee on a progressive return to work for therapeutic reasons is considered to be totally unable to work during the relevant period. Yet absences due to illness or accident are treated as days of actual work. Therefore, incapacity for...