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Sebastian Burg

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Sebastian Burg is a partner in Baker McKenzie’s Employment Practice Group in Brussels. He joined the Firm in 2001 and advises domestic and multinational corporations on all areas of Belgian and EU individual and collective employment law. Mr. Burg regularly speaks in seminars and workshops on different topics related to his practice.

Undertakings that habitually employ on average at least 50 employees will have to hold so-called ‘social elections’ in May 2024. The preparatory procedure for this year will begin in December 2023. The average headcount is determined over a reference period of one year running from Q4 2022 through Q3 2023. The specific category of interim agency workers is also taken into account for determining the average headcount, be it only in function of their employment in Q2 2023. To that effect, employers in Belgium need to keep a special register.

The Belgian act implementing EU Directive 2019/1937 (“Whistleblower Act”) requires legal entities in the private sector to establish channels and procedures for internal reporting and follow-up of reports in specific areas. In this context, the Whistleblower Act established a particular method to calculate the employee headcount within the legal entity with reference to the Belgian legislation on the social elections. However, there has been some uncertainty about how this reference should be applied in the context of the Whistleblower Act.

Baker McKenzie’s EMEA Employment and Compensation Team is pleased to provide you with this quick guide for employers, dealing with 11 of the most pressing issues employers are currently faced in light of the Coronavirus outbreak across 19 European jurisdictions. In the words of our French colleagues: “Pas de Panique”…

Baker McKenzie’s EMEA Employment and Compensation Team is pleased to provide you with this quick guide for employers, dealing with 11 of the most pressing issues employers are currently faced in light of the Coronavirus outbreak across 19 European jurisdictions. In the words of our French colleagues: “Pas de Panique”…