Recent legislation
Overview
Maternity protection
Alcohol and drugs policy now mandatory in companies
Increased charges for companies where many occupational accidents occur
New legislation fire safety for nurseries
Carpooling is permitted with company car
Alteration of the Royal decree on health surveillance
Maternity protection
21/04/2009
Converting maternity leave into maternity recovery days of leave
The 'programme law' of 22 December 2008 (articles 129 to 132) (O.J. 29-12-2008) and the implementing decision of 14 April 2009 (O.J. 21-4-2009) include a provision that any employee who has given birth after 1 April 2009 can convert the final two weeks of her maternity leave into maternity recovery leave, provided that her total postpartum recovery period is at least 11 weeks:
- the employee herself can plan the taking up of these maternity recovery days of leave according to her work timetable;
- leave is to be applied for in writing with the employer at the latest four weeks before the end of the compulsory postpartum leave period (= the compulsory nine weeks);
- the days of leave must be taken up within the first eight weeks after resuming work;
- these days of leave will be remunerated as days of maternity leave;
- the employee is protected against dismissal for up to one month after this period of eight weeks.
Note: employees who have been preventively suspended from work during pregnancy cannot make use of this arrangement.
Please contact your local IDEWE–IBEVE office for further information.
(top)
Alcohol and drugs policy now mandatory in companies
01/04/2009 CBA no. 100 will apply from 1 April 2009
Meanwhile the collective bargaining agreement has become a binding regulation by the royal decree of june 28th 2009.
Employers are given time to bring themselves in line with this until 1 April 2010. This means that the employer is compelled to introduce and adopt an alcohol and drugs policy in his company.
The purpose of the CBA is to prevent and remedy dysfunctional behaviour at work resulting from the use of alcohol or drugs and to make such behaviour a subject for discussion within the company. The CBA aims to achieve this purpose by setting minimum standards for a preventive alcohol and drugs policy. The CBA recommends this alcohol and drugs policy to be included in the personnel policy as a whole, where employee performance is monitored, and not merely made part of the welfare policy. It also recommends focussing on the reduced performance of the employee, rather than on the possible causes of the dysfunctional behaviour, the use of alcohol or drugs.
If you require further information or want to learn about specific training courses, please contact your local IDEWE-IBEVE office.
(top)
Increased charges for companies where many occupational accidents occur
16/01/2009
Companies that do not come up to the mark with respect to their most recent accident figures will be charged extra by their insurance company.
On 1 January 2009, regulations came into force (i.e. the Royal Decree of 23 December 2008 concerning the implementation of the Occupational Accidents Act of 10 April 1971 with respect to disproportionately increased risks), that may result in companies having to pay additional charges for occupational accident insurance if their most recent accident figures clearly do not come up to the mark. The insurance company concerned will draw up an action plan for such companies.
For each company, the Fund for Accidents at Work will calculate a risk index for the years 2006, 2007 and 2008 based on the number of occupational accidents and the number of days incapacity for work. This index is then compared to the average for the sector the company belongs to. The insured risk is referred to as ‘disproportionately increased’ if the company's risk index over multiple years is 10 times higher than the sector average.
What must also be noted is that the number of companies that will be forced to pay the extra charges is limited to 100 in 2009, 150 and 200 in 2010. The contribution is to be a lump sum based on the size of the company and may be as high as €15,000.
(top)
New legislation fire safety for nurseries
21/11/2008
Decree of the Flemish government, dated 19/09/2008
Which facilities?
- Extracurricular and pre-school playgroups for children (decree of the Flemish government, dated 24/06/1997).
- Nurseries with more than 9 children (at the same time).
- Small nurseries: 9 to 25 children.
Medium-sized nurseries: 26 to 50 children.
Large nurseries: more than 50 children.
- Equal level of fire safety for all nurseries.
- All previous decrees are withdrawn.
- Buildings constructed after 1994 have to comply with the basic standards and this decree.
- Buildings constructed before 1994 have to comply with this decree and its annex.
- Nurseries are advised to consult their local fire department beforehand.
- As of 01/01/2009 nurseries have two years to comply with the new legislation.
For more information, please contact our Documentation Service by phone on 016 39 04 77.
(top)
Carpooling is permitted with company car
10/11/2008
Anyone with a driving licence (certificate B) is allowed to transport colleagues or customers with a company car. An additional examination for the driver fitness certificate is not necessary.
For more information, please contact our Documentation Service by phone on 016 39 04 77.
(top)
Alteration of the Royal decree on health surveillance
03/03/2008
Every sick employee has the right to consult his prevention consultant - occupational physician during a period of incapacity for work.
Alteration of the Royal decree on health surveillance of May 28th 2003 by the Royal decree of January 27th 2008, published in the Belgian Bulletin of Acts, Orders and Decrees on March 3rd 2008.
From now on each ill employee, subject or not to periodic health surveillance prescribed by law, has the right to consult his/her prevention consultant -occupational physician during a period of incapacity for work, provided that this period spans a minimum of 4 weeks. Previously, this possibility was only reserved for employees subject to health surveillance. The initiative for the consultation lies with the employee.
(top)
