Claeys & Engels advises clients on their occupational pension plans. Our attorneys draft and amend company and industry-wide pension plan rules and other relevant documents in order to implement plan design changes and to comply with new legal and case law developments. Claeys & Engels also facilitates all pension-related aspects of international employment situations and advises a large number of pension funds on issues relating to their structure and governance.
Claeys & Engels assists clients in setting up pension funds, including pan-European pension funds. The firm also has an extensive experience in discrimination matters relating to pension plans and assists clients in the harmonization of pension plans, following mergers and acquisitions.
Claeys & Engels deals with contracts with self-employed commercial partners (consultancy, agency, franchising, distribution, services ...) and lease contracts.
Claeys & Engels advises on all rules governing the employee representative bodies within the company, including on social elections. Claeys & Engels also assists in negotiating and drafting company-level collective bargaining agreements and work rules. Claeys & Engels were pioneers in introducing court cases in the event of strikes and industrial disputes.
Compensation and Benefits
Claeys & Engels deals with all tax and social security aspects of compensation and benefits.
This goes from the choice of professional status (employee, corporate executive, self-employed worker, management company), to the setting up of variable remuneration schemes and bonus plans, including equity-based schemes (stock option, share, phantom stock, profit-sharing and other plans) and salary splits in case of employment in different countries. The firm also advises on the introduction and implementation of innovative reward strategies, including flexible benefit packages or cafeteria plans.
Social Inspections and Criminal Law
Claeys & Engels also deals with the criminal aspects of employment law and guides clients in administrative proceedings (social inspections). The firm also defends companies and their executives before the criminal courts.
Mobility and Immigration
Claeys & Engels deals with all aspects of cross-border employment and global mobility. Our attorneys draft assignment letters and global mobility policies and practices. The firm also provides immigration assistance and guidance on visa's, work permits and residence permits, as well as other administrative formalities (Limosa). Claeys & Engels deals with employment, tax, social security and pension issues in this connection. Through the Ius Laboris alliance, Claeys & Engels works on cross-border migration projects taking into account all applicable local requirements for expats.
Data protection and privacy
Claeys & Engels advises on personal data protection and privacy laws, in particular concerning databases and software for human resources and personnel management data, inclusive of cross-border data transfer issues, monitoring of e-mail and Internet use and the use of surveillance cameras and tracking systems.
Claeys & Engels also advises on the possibilities of investigations into inappropriate conduct of employees.
Claeys & Engels’ discrimination team focuses on all forms of prohibited employment discrimination in all terms and conditions of employment. We study trends in emerging issues, types of claims, prevention methods, compliance tools, dispute resolution methods and recent litigation.
Claeys & Engels assists clients with respect to executive contracts and, more generally, company law issues that can arise in the HR context.
The firm deals with the functioning of the general assembly, board of directors, and executive committee, and the appointment and dismissal of directors and managers (including contracts, minutes and publication formalities).
Claeys & Engels advises on liability of directors and executives and management equity participation as well as on the impact of corporate governance codes and laws, including publication requirements and restrictions, bonuses and "golden parachutes".
Hiring and recruitment
Claeys & Engels advises on, negotiates and drafts employment agreements.
Restructuring and transfer of undertaking
The firm assists clients in preparing, budgeting and carrying out collective lay-offs.
Claeys & Engels assists in information and consultation and collective negotiations in relation to company restructurings and transfers of undertakings, mergers and acquisitions, etc.
Termination of employment
Claeys & Engels developed the calculation tool www.dismissal.be following the new dismissal law, which became effective for dismissals after 1 January 2014.
The Claeys formula, which used to be widely used in Belgium to calculate notice periods and severance indemnities was developed by Thierry Claeys, a founding partner of our firm.
Claeys & Engels pleads dismissal cases in all Belgian labour courts on a daily basis.
Claeys & Engels assists clients in the different stages of the election procedure as well as in case of a dispute before the labour courts.
You can find more information on our website www.socialelections.be.
Claeys & Engels advises on all aspects of tax law and provides innovative solutions in this complex area of law. The firm’s services include filling tax returns, tax optimization calculations, compliance, etc.
Their lawyers have excellent relationships with the Belgian tax authorities.
Unfair competition and intellectual property
Claeys & Engels advises on protection against unfair competition of employees, non-solicitation of customers and staff, confidentiality of information and intellectual property rights developed during or in connection with work.
Working hours and time off
Claeys & Engels advises clients on all aspects of working hours, annual leave, time-credit regimes, parental leave, end of carreer regimes and unemployment with company allowance (UCA).
Claeys & Engels assists public authorities and regulatory bodies in the management of their staff: either contractual or statutory. Our in-depth knowledge of the private market employment and labour laws allow us to offer an innovative approach in our advice.
Health and safety
Claeys & Engels handles all legal questions on well-being at work including health and safety, psychosocial risks at work including stress, burn-out, bullying, harassment and sexual harassment at work. We assist companies who are confronted with a request for an informal or formal intervention and we treat cases brought before employment courts.
When you company is facing a serious work accident we are ready to assist you to limit liability risks or to handle criminal procedures.