Employment law

Legal expertise on individual and collective labor relations, restructuring, individual and collective dismissals, due diligence, and international employment.

In an ever-changing environment, employment law plays a key role in every enterprise, as it affects your entire human capital.

At KPMG Law, we take the time to listen to your needs and concerns, and work diligently to provide you with the best possible outcome. The employment law department of KPMG Law consists of a team of experienced lawyers dedicated to providing comprehensive legal support in the private and public sector related to HR legal questions. With a wealth of experience and a commitment to excellence, our team is well equipped to handle complex legal issues.

Our Employment Law Services covers a broad range of domains, including:

Contracts and policies
Individual labor relations, including:
- Health and safety regulations
- Working time
- Compensation and benefits
Collective labor relations (social dialogue)
- Social elections
- Assistance with information and negotiations towards representation bodies
Termination of the employment contract
Workforce restructuring, including:
- Transfer of undertakings
- Collective dismissals and closure of undertakings
Pensions (state and occupational pensions)
Public sector
Social inspections and due diligence
International employment

We understand that every client's needs are unique. That’s why we take pride in our ability to effectively communicate and collaborate with clients to provide tailor-made solutions that suit their particular circumstances. Whether you are seeking to ensure compliance with labor laws or looking for further assistance with for example negotiations with (ex)employees or trade union representatives, our team is here to help.

In order to provide you with an all-round HR solution, we are also working together with , to make sure we are tackling the HR challenges your enterprise is facing in a multidisciplinary way.

Finally, at KPMG Law, we understand the importance of being able to offer legal services across multiple jurisdictions. As such, KPMG Law is part of a world-wide network with more than 3,200 professionals across 84 jurisdictions. With our global reach, we are able to provide comprehensive legal services that are tailored to each client's needs, no matter where they are located. Each team of experienced lawyers and legal professionals has a deep understanding of the legal systems and cultural nuances of different countries and are well-versed in international law, enabling us to offer our clients the highest level of legal expertise and support.

Contracts and policies

“Bringing tailored legal solutions for drafting and reviewing contracts and policies to ensure compliance with relevant laws and regulations.”

KPMG Law provides expert legal advice on employment contracts as well as self-employed agreements, including the negotiation and drafting of contracts, as well as the interpretation and enforcement of existing contracts. We can also assist with the review and analysis of contracts to identify any potential legal issues or risks.

Employment policies are essential for creating a positive work environment and ensuring that all employees are aware of their rights and obligations. We help employers create and implement employment policies that comply with relevant laws and regulations, including anti-discrimination and harassment policies, employee privacy policies, and social media policies. We can also provide advice on the implementation and enforcement of policies to ensure that they are effective and legally compliant.

How can we help? KPMG Law’s services related to contracts and policies include:

Negotiation, drafting and review of employment contracts and service agreements;
Drafting and review of working regulations;
Interpretation and enforcement of employment contracts and working regulations;
Creation and implementation of employment policies, such as car policies, working from home policies, and IT-policies;
Review and analysis of employment policies; and
Advice on policy implementation and enforcement.

Individual labor relations

“Providing guidance on individual labor relations to protect the rights and interests of both employees and employers.”

Health and safety regulations

Belgium has strict regulations governing workplace health and safety, including requirements for risk assessments, protective equipment, and training for employees. Employers are responsible for providing a safe working environment for their employees, and failure to do so can result in fines, legal action, and reputational damage.

How can we help? We provide clients with expert advice on how to comply with these regulations. This may include identifying potential hazards and recommending ways to mitigate them and developing policies and procedures to ensure ongoing compliance.

Overall, we provide valuable expertise and support to businesses operating in Belgium, helping to protect the health and safety of their employees and avoid costly legal and financial consequences.

Working time

KPMG Law assists on working time matters, including compliance with relevant laws and regulations.

How can we help? KPMG Law's services related to working time include:

Development and implementation of working time policies and procedures;
Assistance with wage and hour disputes, including overtime claims; and
Advice on all types of leave (e.g. parental leave and retirement leave).

Compensation and benefits

We understand that as an employer, you want to attract and retain the best talent while also complying with legal requirements related to compensation and benefits. This is where we can help.

Our team of experienced employment lawyers is well-versed in all aspects of employee remuneration, from negotiating employment contracts to advising on compensation packages, and everything in between.

One area that we specialize in is social security treatment for employees. We can help you navigate the complex regulations related to social security contributions, both for employers and employees. Our goal is to ensure that your business is compliant with all relevant regulations while also minimizing your costs and maximizing your benefits.

How can we help? Our services related to employee remuneration and social security treatment include:

Advising on compensation packages, including base pay, bonuses, and equity-based incentives;
Reviewing and advising on employee benefits and documentation, such as individual and collective bonus schemes (e.g. CBA 90 bonus, profit-sharing schemes, etc.); and
Advising on compliance with social security regulations, including contributions and benefits.

Collective labor relations (social dialogue) and social elections

“Guiding you in promoting constructive communication with your workforce.”

One of the key areas of our practice is assistance with social dialogue and collective labor relations. We are well-aware of the importance of promoting constructive communication between employers and employees, as well as facilitating negotiations and agreements that benefit all parties involved.

How can we help? As such, we offer a wide range of services related to these areas:

Collective bargaining agreements: We assist in negotiating, drafting and the interpretation of collective bargaining agreements;
Mediation and conciliation: We offer mediation and conciliation services to help resolve disputes between employers and employees. Our goal is to facilitate a productive dialogue that results in a mutually satisfactory resolution, while minimizing the impact on business operations; and
Labor relations strategy: We can help businesses develop a comprehensive labor relations strategy that promotes positive relationships between employers and employees. This includes advising on best practices for communication and negotiation, as well as identifying potential areas of conflict and developing strategies for resolution.

At KPMG Law, we understand that social dialogue and collective labor relations are critical components of a successful business. We are committed to providing our clients with the guidance and support they need to navigate these complex issues and achieve positive outcomes.

Social elections

Social elections in Belgium are held every four years and involve the election of employee representatives to work councils and health and safety committees. These elections are governed by strict legal requirements and non-compliance with these regulations can result in legal challenges.

How can we help? We offer comprehensive guidance on every aspect of the process, from preparing for the election to managing the aftermath. This includes how to communicate with employees and candidate lists, ensuring compliance with legal requirements, and providing legal representation in case of disputes.

Termination of the employment contract

The termination of an employment contract can be a difficult and sensitive process. Termination of employment can occur for a variety of reasons, including redundancy, misconduct, poor performance, and mutual agreement. At KPMG Law, we ensure that the process is handled legally, fairly, and efficiently.

How can we help? We can assist on all aspects of termination of employment, including:

Review and analysis of termination procedures and documentation;
Drafting and negotiation of settlement agreements;
Interpretation and enforcement of restrictive covenants, such as non-compete and non-solicitation clauses; and
Representation in employment Courts and Courts of Appeal.

Restructuring

“Supporting your business during times of organizational change to ensure the process runs as smooth as possible.”

Restructuring can involve a range of changes to a business, from mergers and acquisitions to downsizing and reorganizing departments. Whatever the nature of the restructuring, it can be a challenging time for both employers and employees.

One aspect of restructuring that requires careful attention is the transfer of undertakings. This occurs when a business is sold or transferred to another company. In these situations, employees have certain rights that must be complied with, such as the right to be consulted and the right to transfer to the new employer under the same terms and conditions of employment. Our team can help you navigate the complex legal requirements surrounding the transfer of undertakings, ensuring that you meet your obligations while protecting your business interests.

In addition, sometimes it is inevitable to go through the process of collective dismissals, and even the closure of the business.

How can we help? Our services related to restructuring and transfer of undertaking include:

Due diligence: We can help you conduct a thorough assessment of your business to identify any legal risks associated with the proposed restructuring. This will allow you to make informed decisions and minimize any potential legal liabilities;
Consultation: We can guide you through the consultation process with your employees or employee representatives, ensuring that you meet all legal requirements and that your employees are fully informed and consulted throughout the process;
Drafting of legal documents: We can assist you in drafting any legal documents associated with the restructuring, such as transfer agreements, (addenda to) employee contracts, as well as the required documentation towards the authorities when going through a collective dismissal and/or closure procedure; and
Negotiation: Our team can negotiate on your behalf with relevant parties, such as trade unions or employee representatives, to ensure a smooth and successful restructuring process.

Pensions

In Belgium, employers can provide pension benefits to their employees, either through a mandatory state system or through a occupational pension plan. The rules and regulations surrounding pensions can be complex, and it is important for employers to have a clear understanding of their obligations and options.

How can we help? We provide guidance on designing and implementing occupational pension plans that meet legal requirements and best serve the needs of their employees. This might involve analyzing the financial implications of different pension schemes, social security tax implications of different pension schemes and reviewing pension plan documents and navigating the complexities of existing pension plans after a transfer of undertaking.

We also provide guidance to employers and employees on the implications of changes in legislation or regulation, such as the recent changes in retirement age and the implications on pension plans related to anti-discrimination, to stay up-to-date on the latest developments in pension law.

Public sector

The public sector is a complex area of law, with its own unique set of regulations and requirements.

We understand that the public sector is subject to a range of legal challenges, including employment law issues, regulatory compliance, and disputes with employees or other agencies. Whether you are a government agency or a public institution, our team of lawyers has the expertise and experience necessary to help you manage these challenges effectively.

How can we help? Our services related to the public sector include:

Review, interpretation, and adjustment of legal status regulations/staff regulations;
Review and drafting of decrees, ordinances, work regulations, service orders, etc.;
Advising on dismissal of contractual staff members/termination of employment of statutory staff members (e.g. after negative evaluation, due to occupational disability, etc.);
Advising on various labor law issues (e.g. application of the Act on employment contracts, working time regulations in public sector), as well as social audits;
Transition/restructuring of public law institutions (takeover, downsizing, etc.); and
Application of trade union statutes in the public sector.

Social inspections and due diligence

How can we help? Our services related to social inspections, social audits, and due diligence include:

Social Inspections: We can help you prepare for social inspections by reviewing your employment policies and procedures and ensuring that you are in compliance with all relevant laws and regulations. We can also guide you in the administrative proceedings during a social inspection; and
Due Diligence: We can assist you in conducting due diligence on potential partners or acquisition targets to ensure that they are in compliance with employment law regulations, and help you take corrective action to ensure compliance.

International employment

“Navigating the complex legal landscape of international employment.”

As an employer, you maybe want to expand your business globally while also complying with legal requirements in different jurisdictions. This is where we can help you.

How can we help? Our services related to international employment include:

Drafting and reviewing employment contracts and policies that comply with local laws;
Advising on compliance with employment laws and regulations in different jurisdictions (e.g. in case of a secondment or simultaneous employment); and
Advising on social security obligations in different jurisdictions (e.g. in case of a secondment or simultaneous employment).