Labor Law (Arbeidsrecht) Practice Flashcards

These flashcards cover vocabulary regarding labor law structures, contract regulations, termination procedures, and collective bargaining institutions in Belgium.

Labor Law (Arbeidsrecht)

The branch of law that regulates the relationships between employees and employers for individuals working in a subordinate bond (ondergeschikt verband).

Social Security Law (Sociaal zekerheidsrecht)

A system aimed at redistributing wealth through contributions to protect citizens against social risks such as illness, unemployment, and retirement.

RSZ

Social security contributions paid to the government by both employees and employers, calculated based on the employee's wage.

Code Civil

The legal code established after the French Revolution where labor relations were initially based on the principles of freedom, equality, and brotherhood, treating work as a service for a price.

Collective Labor Agreement (C.A.O.)

An agreement or accord between one or more representative employee organizations (unions) and one or more employers or employer organizations.

International Labour Organization (I.A.O.)

A specialized UN institution that establishes worldwide minimum standards for labor, such as those regarding child labor.

European Union Directives (Richtlijnen)

Decisions that set a specific goal all EU member states must achieve, while leaving the choice of form and methods to the national authorities.

Direct Effect (Directe werking)

A characteristic of certain constitutional or international provisions that are clear and concrete enough to be invoked directly in court without further implementation.

Constitutional Court (Grondwettelijk Hof)

The judicial body in Belgium authorized to test laws, decrees, and ordinances against the Constitution.

Subordination (Ondergeschikt verband)

One of the four essential conditions of an employment contract; it is the possibility for the employer to give instructions to the employee.

Sham Self-Employment (Schijnzelfstandigheid)

A situation where a person is registered as self-employed but actually performs work in a subordinate bond typical of an employment contract.

Refutable Presumption (Weerlegbaar vermoeden)

A legal assumption (e.g., that pharmacists or students work under an employment contract) that remains valid unless the contrary is proven.

Vices of Consent (Wilsgebreken)

Factors such as Error (Dwaling), Violence (Geweld), or Fraud (Bedrog) that can make an employment contract void.

Manual Worker (Arbeider)

An employee who primarily performs manual labor; their status historically differed from intellectual workers.

White-Collar Worker (Bediende)

An employee who primarily performs intellectual labor.

Replacement Contract (Vervangingsovereenkomst)

A contract for replacing an absent employee whose contract is suspended for reasons like illness or pregnancy; it cannot exceed a duration of $2$ years.

Flexi-jobs

A form of employment for those working at least $4/5$ of a full-time job or retirees to work additional hours in sectors like catering or retail with no RSZ or taxes.

Article 18 WAO

The law limiting employee liability for damage caused during the execution of a contract, except in cases of fraud, gross negligence, or repeated slight negligence.

Guaranteed Wage (Gewaarborgd loon)

The continued payment of salary (typically for $30$ days) by the employer to an employee who becomes incapacitated due to illness or accident.

Short Absence (Klein verlet)

The right of an employee to be absent from work with pay for specific family events or civic duties.

Pregnancy Protection

A set of measures including a ban on dismissal from the moment the employer is informed until one month after postnatal leave.

Birth Leave (Geboorteverlof)

Leave granted to the co-parent (partner of the mother), which increased to $20$ days for births starting from January 1, 2023.

Flemish Training Leave (VOV)

The right for employees in Flanders to be absent for recognized training while maintaining their salary, up to a maximum of $125$ hours per year.

Time Credit (Tijdskrediet)

The right to temporarily stop or reduce work hours for specific motives like care or training, with a replacement benefit from the RVA.

Notice Period (Opzegtermijn)

The period between the notification of a contract termination and the actual end of the contract, during which work typically continues.

Urgent Reason (Dringende reden)

A serious fault that makes any professional cooperation immediately and definitively impossible, allowing for dismissal without notice or severance.

Implied Dismissal (Impliciet ontslag)

A situation where a party unilaterally and significantly changes an essential element of the employment contract, considered a breach of contract.

Works Council (Ondernemingsraad)

A body mandatory in companies with more than $100$ employees that handles economic information and settles the work regulations.

CPBW

The Committee for Prevention and Protection at Work, mandatory in companies with more than $50$ employees, focusing on worker well-being.

Joint Committee (Paritair Comité)

A sector-level organization where an equal number of employer and employee representatives negotiate working conditions and CAOs.