Employment may come to an end for various reasons. 2.3 Are there financial thresholds for determining individual contract coverage? Belgian public procurement rules also provide the possibility to make purchases using a central purchasing body, or on the basis of a framework agreement. In principle, a contract will be awarded on the same terms as those set out in the specifications. The conclusion of the contract deprives a third party, in principle, of the possibility to obtain rehabilitation in natura, i.e. The principles of general Belgian constitutional and administrative law apply. Tenders have, in principle, at least 35 days to submit a tender for open procedures. Furthermore, damage claims can be introduced before the civil courts or before the Council of State (e.g. 5.1 Does the legislation provide for remedies and if so what is the general outline of this? David D'Hooghe These equated to 13.07 percent of gross salary for private sector employees in 2016. Belgian public procurement legislation previously made a distinction between the procedures of aanbesteding/adjudication (award to lowest regular tender) and offerteaanvraag/appel d’offres (award to the regular and most advantageous tender, according to the criteria mentioned in the contracting documents). The principles of equal treatment, non-discrimination, mutual recognition, proportionality and transparency apply especially to economic operators that are settled in the European Union. The rate varies depending on a number of quite complex rules. Once you have found a job, there can be a probationary period of up to two weeks for blue-collar workers, and anywhere between one and six months for white-collar workers if the annual wage does not exceed around EUR 36–37,000. being established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; and. A notice must be given in writing and indicate the start and duration of the period of notice. Belgium In certain cases, such as urgency, special rules on minimum timescales apply. The period of notice begins on the Monday following the week in which notice is given. Withholding tax is based on gross taxable income. 4.2 How does the law apply to “in-house” arrangements, including contracts awarded within a single entity, within groups and between public bodies? No specific legislation exists in this regard. It is possible for the notice not to be worked, in which case it is replaced by a one-off payment, the amount of which is equivalent to the salary which would have been paid or received during this period. Periods of notice vary according to the employee’s seniority and salary. The Belgian judicial system does not know the principle of “precedents”. This Act does not provide any other measures to shorten the limitation periods described in question 5.4. every non-selected tenderer of the reasons for the non-selection, by distributing the relevant part of a copy of the motivated decision; every tenderer with an irregular or unacceptable tender of the reasons for the exclusion of his offer, by distributing the relevant part of a copy of the motivated decision; and. The legal base of the force majeure concept under Belgian law can be found in the Belgian Civil Code (“BCC”):. These procedures can only be used on the basis of the conditions provided by law. The constitutional principles of government transparency, equality, and non-discrimination (articles 10 and 11 of the Belgian Constitution) are the most relevant to public procurement, as well as the Act of 29 July 1991 on the formal notification of the reasons for administrative acts, which requires all administrative authorities to give factual and legal reasons for individual decisions. The employer or worker can then take note of the termination and ask for payment of compensation in lieu of notice. Sometimes a contract is suspended on account of a temporary instance of force majeure, such as inclement weather or a fire. However, civil courts are not exclusively competent to examine a claim for damages after a suspension or annulment by the Council of State. Stibbe, Lieselotte Schellekens This site uses functional cookies and external scripts to improve your experience. 3.4 What are the rules on evaluation of tenders? Furthermore, it is forbidden to subdivide a contract into different contracts in order to avoid the application of the European threshold values. The Act of 17 June 2013 also includes rules on remedies regarding concession contracts. Please specify the main stages of each procedure and whether there is a free choice amongst them. Apart from the situations mentioned under question 6.1, a new contractor may replace the initial one as a consequence of succession, following corporate restructuring (article 38/3, 2° of the Royal Decree of 14 January 2013). This tender may be awarded on the basis of price or costs alone. Article 2 of the Act of 17 June 2016 enumerates contracting authorities covered by the public procurement rules in the ordinary sectors. The second exception concerns certain types of situations in which contracting authorities together seek to ensure the performance of their public tasks, according to the conditions stipulated in article 31 of the Act of 17 June 2016 and the case law of the Court of Justice. There are many Belgian labour laws regarding your contract of employment in Belgium. This Act contains the core of both the coordination and the codification of all existing public procurement regulations and of the transposition into Belgian law of the 2014 European Procurement Directives. The Royal Decree of 18 June 2017 on the award of public procurement contracts in the “special sectors” (i.e. Article 43 of the Act of 17 June 2016 provides the possibility to conclude framework agreements in the ordinary sectors. The Act of 17 June 2016 on concession agreements provides further regulation for these type of contracts. Undertakings established in the bilingual Brussels Capital Region must draw up documents in Dutch for Dutch-speaking staff and in French for French-speaking staff. The law on employment contracts states that any clause by which the employer reserves the right to modify the working conditions unilaterally is null and void. covers common issues in public procurement laws and regulations – including application of the law to entities and contracts, award procedures, exclusions and exemptions – in 27 jurisdictions. Belgium. Suspension or annulment procedures against a decision of a contracting authority are brought before the Council of State, unless the contracting authority is not an administrative authority within the meaning of the coordinated laws on the Council of State of 12 January 1973. This is the case for tenders in the so-called “fraud-sensitive sectors”, such as construction works and cleaning services. This is highly dependent upon the type of procedure, the facts of each case, and the availability of the competent court. Expatica helps make your expat journey the experience you've always wanted. Deductions from your salary will take the form of social contributions and withholding tax. The criteria for the award of the contract should enable tenders to be compared and assessed objectively, and must be mentioned in the contract documents or in the tender notice. References are only valid if referred to in the text. The following three types of procurement procedures are the most common: Other types of procurement procedures, such as the competitive dialogue, innovation partnership and the negotiated procedure without prior publication also exist on the basis of Belgian law.
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