Protection of the employee

A. THE CLASSIC EMPLOYEE :

1. Our social legislation provides a wide protection in favor of the employee. Not only with regard to resignation but also with regard to the provisions at work, commuting, working hours, holidays, measures regarding standing work, measures for pregnant employees, ...

2. In the Meanwhile there is a whole arsenal of social legislation. Moreover, labor law is also subject to constant evolutions. It is therefore certainly not unwise to inform yourself at various authorities. You can contact:

1. the union, if you are affiliated;
2. the social secretariat;
3. the committee for prevention and protection at work, both internal and external;
4. the works council of the company or the employees' representative and finally;
5. the social inspectorate supervision of the social laws, or even the supervision of the well-being at work

On the site of the FPS Employment, Labor and Social Dialogue you can at least find out for yourself what the regulations are regarding a particular theme.

3. Recurring points of dispute are those regarding wages and resignation.

eg. More and more people are working with commissions based on the fixed wage to encourage performance. The objectives must then be precisely defined. If a minimum and a maximum commission is determined in a commission regulation, but it is nowhere indicated how that maximum can be achieved, this can be interpreted by the Court as preventing the fulfillment of the condition, whereby, on the basis of Article 1178 Civil Code condition deemed to be fulfilled, and then grants the maximum or at least more.[1]

It is therefore clear that the employee is sufficiently protected by our Belgian law. There are voices asking whether this abundance of legislation and protection cannot have the opposite effect at some point in time.

B. THE GIG WORKERS:

IDagloners in de middeleeuwen

4. GIG workers, on the other hand, do not have this protection. Employers are reluctant to turn to the normal work circuit, given the heavy protection of employees that puts them off. Especially with the platform economy, a flexible contractual form is pursued. Uber, Deliveroo, IT contracts are examples of such a new form of economy. It is very flexible to enter this labor circuit, often for temporary assignments. This rubs against bogus self-employment, and often a 3-party relationship develops. The performer then loses the protection has the freedom and can earn money in the short term.

5.The gig-worker does have the right to information applicable to commercial cooperation agreements (the non-competition clauses, the duration of the agreement and conditions of renewal, and conditions of abandonment as regards the charges and investments, the consequences of not achieving commitments (art. X.28.1 °, e) f) g) and art 28.2 °, e, f, g, h, i, j and k CEL)

6. A protection of liability in the event of damage also applies to carriers. Proof is easier (art. 40 CMR), no consequential damage, in case of delay damage at most the freight price, in case of property damage limitations in quantity (art. 23.3 CMR). For passenger transport (taxi) there is also the compulsory car insurance. (as an Uber driver it is best to report the activity to the insurer).

[1] Antwerp Labor Court 19.6.2019, RAGB 2020, page 140

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