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Chapter 1 - Rights and Duties

from III - EMPLOYMENT

Published online by Cambridge University Press:  13 December 2017

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Summary

Employers and employees have certain rights and duties. These may stem from the individual employment contract, work rules, collective labour agreements and the law.

Therefore it is impossible to discuss all the rights and duties of the parties in this context. We will restrict ourselves to the most important ones, more specifically, those included in the Employment Contract Act.

SECTION 1. THE EMPLOYER's DUTIES

GENERAL

The employer shall:

  • - show respect and regard for his employee;

  • - observe and make the observation of propriety and decency a priority This obligation is not only imposed by Article 6 Employment Contract Act but also by the provisions of chapter Vbis of the law concerning the well-being of employees, which includes a number of provisions with regard to improper behaviour such as sexual harassment;

  • - allow the employee to work in the manner, place and time agreed, in particular when the circumstances require this and except for contrary provisions in the agreement, by providing the necessary assistance, equipment and materials. The employer may not employ the employee contrary to that which has been agreed in the employment contract. Nevertheless, the employer may adapt the working conditions with some flexibility;

  • - see to it with due diligence that the work is done in proper circumstances with regard for the employee's health and safety, and that in the event of an accident, first aid is available. To this end a first-aid kit must be at the personnel's disposal;

  • - pay the wages in the agreed manner, time and place. Actually, the parties’ freedom to regulate the manner in which the wages are fixed and paid is very limited. The Wage Protection Act72 regulates the various aspects of this obligation;

  • - accommodate the employee properly as well as provide him/her with healthy and sufficient food insofar as the employer has undertaken to provide him/ her with board and lodging;

  • - give the employee enough time to observe his/her religious obligations as well as the civil duties ensuing from the law;

  • - pay proper attention to the reception of the new employee, and in particular, of young employees;

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    Publisher: Intersentia
    Print publication year: 2016

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