Our accumulated expertise covers multiple areas, offering strategic advice and effective solutions to each particular legal issue. Our firm works together with specialists from related areas such as accountancy, taxation, notaries and others. We maintain close relationships with other law offices in Europe, Africa, and the United States.
SERVICES | Belgian, Romanian and international:
Immigration Law
Immigration law refers to national and European policies controlling the immigration and deportation of people. Immigration law differs from country to country, depending also on the political climate of that time. Immigration law in Belgium is strongly influenced by European law and the current political climate. This means that immigration law in Belgium changes rapidly due to shifts in the Belgian or European law and adjusts to case law resulting from Belgian or European courts. All such changes are closely monitored by our office.
Alien Law and Visa regulation
Depending on your nationality, you may need to apply for a visa prior to arrival in the European Schengen zone. Applicants apply personally to the embassy or consulate in the country where they reside. The Immigration Office or, in some cases, the embassy or consulate processes such applications. Conditions depend on the type of visa that has been applied for.
Our office assists in visa applications such as:
- Short stay or long stay visa
- Student visa
- Work visa (based on professional card, labor card, au-pair, researcher, etc.)
- Tourist visa
- Business visa
- Family reunification visa.
Our office also assists in matters where an entry ban has been imposed and a cancellation needs to be requested.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Our office assists in visa applications such as:
- Short stay or long stay visa
- Student visa
- Work visa (based on professional card, labor card, au-pair, researcher, etc.)
- Tourist visa
- Business visa
- Family reunification visa.
Our office also assists in matters where an entry ban has been imposed and a cancellation needs to be requested.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Asylum and Regularization
Asylum
Asylum is a form of international protection for persons who have left their country of origin because they were persecuted for their nationality, race, political or religious beliefs or membership of a particular social group according to the 1951 Convention relating to the Status of Refugees.
Persons who are at a real risk of serious harm if they return to their country of origin can receive subsidiary protection in Belgium when they do not qualify to be recognized as a refugee according to the 1951 Convention relating to the Status of Refugees.
Serious harm are considered to be: death penalty or execution; torture, inhuman or degrading treatment; a serious threat to the life of a citizen by indiscriminate violence in a situation of international or internal armed conflict.
In Belgium, the Office of the Commissioner General for Refugees and Stateless Persons examines asylum applications.
Regularization
If a person resides in Belgium and would like to apply for a residence permit for more than 3 months, they can apply for regularization under exceptional circumstances. This is only possible if the applicant cannot submit such an application to the diplomatic post in their country of origin. One can apply for a residence permit on humanitarian grounds (article 9 bis of the Aliens' Act) or on medical grounds (article 9 of the Aliens' Act).
The Belgian Immigration Office will decide on these kind of applications.
Stateless persons
A stateless person is “a person who is not considered a national by any State under the operation of its law”. In other words, a stateless person is not a national of any country. Some people are born stateless, but many become stateless.
Statelessness can occur for several reasons, including discrimination against particular ethnic or religious groups, or on the basis of gender; the emergence of new States and transfers of territory between existing States; and gaps in nationality laws.
Stateless people may have serious difficulties accessing basic rights such as education, healthcare, employment and freedom of movement.
Stateless persons can be found in all regions of the world, therefore also in Belgium.
Stateless persons can obtain recognition by submitting a unilateral petition to the Court of first instance in their place of residence.
After recognition of the stateless person status by the court, one can apply for a residence permit in Belgium, based on humanitarian grounds.
Our office assists:
- asylum applications, appeal procedures and, following recognition, we can provide support with applications for family reunification with the refugee;
- regularization applications based on humanitarian and/or medical reasons;
- applications for recognition of stateless person status.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Asylum is a form of international protection for persons who have left their country of origin because they were persecuted for their nationality, race, political or religious beliefs or membership of a particular social group according to the 1951 Convention relating to the Status of Refugees.
Persons who are at a real risk of serious harm if they return to their country of origin can receive subsidiary protection in Belgium when they do not qualify to be recognized as a refugee according to the 1951 Convention relating to the Status of Refugees.
Serious harm are considered to be: death penalty or execution; torture, inhuman or degrading treatment; a serious threat to the life of a citizen by indiscriminate violence in a situation of international or internal armed conflict.
In Belgium, the Office of the Commissioner General for Refugees and Stateless Persons examines asylum applications.
Regularization
If a person resides in Belgium and would like to apply for a residence permit for more than 3 months, they can apply for regularization under exceptional circumstances. This is only possible if the applicant cannot submit such an application to the diplomatic post in their country of origin. One can apply for a residence permit on humanitarian grounds (article 9 bis of the Aliens' Act) or on medical grounds (article 9 of the Aliens' Act).
The Belgian Immigration Office will decide on these kind of applications.
Stateless persons
A stateless person is “a person who is not considered a national by any State under the operation of its law”. In other words, a stateless person is not a national of any country. Some people are born stateless, but many become stateless.
Statelessness can occur for several reasons, including discrimination against particular ethnic or religious groups, or on the basis of gender; the emergence of new States and transfers of territory between existing States; and gaps in nationality laws.
Stateless people may have serious difficulties accessing basic rights such as education, healthcare, employment and freedom of movement.
Stateless persons can be found in all regions of the world, therefore also in Belgium.
Stateless persons can obtain recognition by submitting a unilateral petition to the Court of first instance in their place of residence.
After recognition of the stateless person status by the court, one can apply for a residence permit in Belgium, based on humanitarian grounds.
Our office assists:
- asylum applications, appeal procedures and, following recognition, we can provide support with applications for family reunification with the refugee;
- regularization applications based on humanitarian and/or medical reasons;
- applications for recognition of stateless person status.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Nationality and Citizenship law
The Code of Belgian Nationality (WBN) contains the legal conditions relating to Belgian nationality.
There are several ways to obtain the Belgian nationality in Belgium. We assist you in finding the right approach for you and provide advice on the conditions and problems that can occur when applying: for example, if the applicant is not in possession of a clean criminal record, or names are written differently in several official documents, etc.
Our office assists with nationality applications in Belgium. Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
There are several ways to obtain the Belgian nationality in Belgium. We assist you in finding the right approach for you and provide advice on the conditions and problems that can occur when applying: for example, if the applicant is not in possession of a clean criminal record, or names are written differently in several official documents, etc.
Our office assists with nationality applications in Belgium. Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Family reunification
Our office assists you in family reunification procedures with a Belgian, EU-citizen or another foreigner residing temporarily or permanently in Belgium.
The requirements for a successful procedure of family reunification differ when reuniting with a Belgian citizen, an EU citizen or a foreigner residing temporarily or permanently in Belgium.
We advise you on the relevant conditions, in particular but not limited to: income requirements, adequate housing requirements and on how to provide proof of your relationship with the family member in Belgium.
We also assist you with the renewal of these residence permits ( A, B, E, E+, F and F+ electronic cards).
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
The requirements for a successful procedure of family reunification differ when reuniting with a Belgian citizen, an EU citizen or a foreigner residing temporarily or permanently in Belgium.
We advise you on the relevant conditions, in particular but not limited to: income requirements, adequate housing requirements and on how to provide proof of your relationship with the family member in Belgium.
We also assist you with the renewal of these residence permits ( A, B, E, E+, F and F+ electronic cards).
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Investment and economic immigration
The economic effects of the unprecedented levels of international migration experienced over the past few years are at the center of political debates about immigration policy. Foreign direct investment is found to follow the paths of historical migrants as much as it follows differences in productivity, tax rates, and education.
Belgium, and Flanders in particular, is currently one of the top six FDI locations in the world.
In some cases one can receive a residence permit for Belgium based on investment in Belgium.
If a foreigner wants to work in Belgium, in a lot of circumstances he or she needs a work permit when applying for jobs in Belgium, or a professional card when he/she wants to work as a self-employed person in Belgium, whether providing services to another company or not.
It is therefore important to carefully prepare the application for a professional card in light of the criteria (such as economic benefit requirements for Belgium/Flanders) in order to ensure increased chances of success, as the administration has a margin of subjective appreciation when analyzing the file.
Our office assists you with:
- applications for work permit types A, B, C and the European Blue Card;
- applications for a professional card in order to work as a self-employed person in Belgium, whether in a company or not;
- appeal procedures when a professional card or a labor card has been denied;
- applications for renewal of work permits or professional cards;
- residence applications based on work in Belgium for the labor immigrant and their family, as well as renewal thereof.
Our office has close relationships with social secretariats, social security funds for self-employed persons and notaries, as well as tax consultants who can advise further on the tax issues involved.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Belgium, and Flanders in particular, is currently one of the top six FDI locations in the world.
In some cases one can receive a residence permit for Belgium based on investment in Belgium.
If a foreigner wants to work in Belgium, in a lot of circumstances he or she needs a work permit when applying for jobs in Belgium, or a professional card when he/she wants to work as a self-employed person in Belgium, whether providing services to another company or not.
It is therefore important to carefully prepare the application for a professional card in light of the criteria (such as economic benefit requirements for Belgium/Flanders) in order to ensure increased chances of success, as the administration has a margin of subjective appreciation when analyzing the file.
Our office assists you with:
- applications for work permit types A, B, C and the European Blue Card;
- applications for a professional card in order to work as a self-employed person in Belgium, whether in a company or not;
- appeal procedures when a professional card or a labor card has been denied;
- applications for renewal of work permits or professional cards;
- residence applications based on work in Belgium for the labor immigrant and their family, as well as renewal thereof.
Our office has close relationships with social secretariats, social security funds for self-employed persons and notaries, as well as tax consultants who can advise further on the tax issues involved.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Relocation and expatriates
If a foreigner wants to work in Belgium, in a lot of circumstances he or she needs a work permit when applying for work as an employee in Belgium, or a professional card when he/she wants to work as a self-employed person in Belgium, whether in a company or not.
Our office assists you with:
- applications for work permit types A, B, C and the European Blue Card;
- applications for a professional card in order to work as a self-employed person in Belgium;
- appeal procedures when a professional card or a labor card has been denied;
- applications for renewal of work permits or professional cards;
- residence applications based on work in Belgium for the labor immigrant and their family, as well as renewal thereof.
Our office has close relationships with social secretariats and social security funds for self-employed persons, as well as tax consultants who can advise further on the tax issues involved.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Our office assists you with:
- applications for work permit types A, B, C and the European Blue Card;
- applications for a professional card in order to work as a self-employed person in Belgium;
- appeal procedures when a professional card or a labor card has been denied;
- applications for renewal of work permits or professional cards;
- residence applications based on work in Belgium for the labor immigrant and their family, as well as renewal thereof.
Our office has close relationships with social secretariats and social security funds for self-employed persons, as well as tax consultants who can advise further on the tax issues involved.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
International Private Law
Recognition of foreign civil status acts as marriage acts, divorce acts, birth acts
When a foreigner is moving to Belgium, the civil status of that person will be mentioned in our national register.
Often problems arise with the recognition with foreign divorce acts, marriage acts and birth acts.
Our office can advice and assist you in these matters when one of these acts is not recognized by a Belgian authority. An appeals procedure is possible before the court of first instance or the court of appeal.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Often problems arise with the recognition with foreign divorce acts, marriage acts and birth acts.
Our office can advice and assist you in these matters when one of these acts is not recognized by a Belgian authority. An appeals procedure is possible before the court of first instance or the court of appeal.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Application for marriage or legal cohabitation
If a couple wants to marry or sign a declaration of legal cohabitation in Belgium, the civil servant will try to find out what is the purpose of the will to marry or to sign a declaration of legal cohabitation. Is this to confirm or constitute a sustainable relationship or to provide a residence permit to one of the partners?
Our office advises and assists you with the application procedure for marriage or legal cohabitation.
We can also assist you in the appeals procedure before the court of first instance or the court of appeal when an application for marriage or legal cohabitation in Belgium has been refused.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Our office advises and assists you with the application procedure for marriage or legal cohabitation.
We can also assist you in the appeals procedure before the court of first instance or the court of appeal when an application for marriage or legal cohabitation in Belgium has been refused.
Please contact Veerle Vanneuville at v.vanneuville@compitum-law.eu or at +32 (3) 248 06 02.
Private and Family Law
Divorce and Alimony
Ending a registered cohabitation
Belgium law recognizes registered cohabitation (wettelijk samenwonen / cohabitation légale) as an alternative to marriage. Registered cohabitation law sets out the rights and duties of each partner towards the shared family home, related costs, assets and debts. To end a registered cohabitation, one or both parties must notify the registrar in writing.
Filing for divorce in Belgium
If you have been married, Belgian courts will only process your divorce if at least one of you is a resident of Belgium. If you are residents of other countries, you should file for divorce at the local court where you last lived as a couple.
Conditions for divorce
In Belgium, couples may divorce by mutual consent (onderlinge toestemming / consentement mutuel) or because of irreconcilable differences (onherstelbare ontwrichting / désunion irrémédiable).
For divorce by mutual consent, no reasons need to be given and no evidence is required. Both spouses must, of course, consent and present themselves to the courts at the appropriate times.
To divorce because of irreconcilable differences, evidence must be brought to demonstrate that it is impossible for the couple to continue to remain married. Example of evidence:
- Written, photographic or other evidence of irreconcilable differences, such as evidence of physical abuse, child abuse or an affair ;
- A physical separation of households for at least six months, if both spouses agree to divorce;
- A separation of more than one year, if just one spouse petitions for divorce.
Our office can assist you in divorce proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
Belgium law recognizes registered cohabitation (wettelijk samenwonen / cohabitation légale) as an alternative to marriage. Registered cohabitation law sets out the rights and duties of each partner towards the shared family home, related costs, assets and debts. To end a registered cohabitation, one or both parties must notify the registrar in writing.
Filing for divorce in Belgium
If you have been married, Belgian courts will only process your divorce if at least one of you is a resident of Belgium. If you are residents of other countries, you should file for divorce at the local court where you last lived as a couple.
Conditions for divorce
In Belgium, couples may divorce by mutual consent (onderlinge toestemming / consentement mutuel) or because of irreconcilable differences (onherstelbare ontwrichting / désunion irrémédiable).
For divorce by mutual consent, no reasons need to be given and no evidence is required. Both spouses must, of course, consent and present themselves to the courts at the appropriate times.
To divorce because of irreconcilable differences, evidence must be brought to demonstrate that it is impossible for the couple to continue to remain married. Example of evidence:
- Written, photographic or other evidence of irreconcilable differences, such as evidence of physical abuse, child abuse or an affair ;
- A physical separation of households for at least six months, if both spouses agree to divorce;
- A separation of more than one year, if just one spouse petitions for divorce.
Our office can assist you in divorce proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
Custody
There are some practical matters concerning children about which you (or the court) will have to make a decision:
- Parental access: joint custody is the rule in cases of a divorce. This does not mean that you cannot request another arrangement in certain cases.
- Where will the children live?
- Where will they be domiciled?
- Who will receive the family allowance? In the case of joint custody, in principle you will each receive a portion of the family allowance.
- What about the children's school?
Our office can assist you in custody proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
- Parental access: joint custody is the rule in cases of a divorce. This does not mean that you cannot request another arrangement in certain cases.
- Where will the children live?
- Where will they be domiciled?
- Who will receive the family allowance? In the case of joint custody, in principle you will each receive a portion of the family allowance.
- What about the children's school?
Our office can assist you in custody proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
Adoption
- Intercountry adoption is a procedure whereby a child who has already been adopted or who will be adopted is taken to a country other than his or her country of habitual residence. It often involves travel from a foreign state to Belgium because the adopting parent is Belgian (or foreign) and lives in Belgium.
- A foreign adoption is a procedure that has already been carried out in another country. Here, a distinction is made between adoptions issued in a country which is party to The Hague Convention and adoptions in countries which are not party to this Convention.
Our office can assist you in adoption proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
- A foreign adoption is a procedure that has already been carried out in another country. Here, a distinction is made between adoptions issued in a country which is party to The Hague Convention and adoptions in countries which are not party to this Convention.
Our office can assist you in adoption proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
Inheritance
In Belgium, an estate passes to a deceased person's heirs in two ways:
1. Following strict laws on inheritance that benefit family members (descendants, parents and brothers or sisters) and the spouse in a fixed order of succession.
2. Following a person's own wishes on the disposal of their property, as expressed in their will.
If a person dies without leaving a will, then Belgian inheritance rules decide who inherits the estate. In principle, the transfer is automatic, and heirs do not need a court order to take possession of their inheritance:
1. Children and grandchildren.
2. Parents and their relatives.
3. Brothers, sisters and their relatives.
4. If none of these exist, the Belgian State.
A surviving spouse is an heir as well, but the extent of their inheritance rights depends on the specific situation.
Belgian law has a system of forced heirship that protects certain heirs so that they cannot be excluded from inheriting part of a person's estate. These set aside a part of the estate defined by law (the "reserve") for protected heirs, even if the person makes a will. Protected heirs are certain family members and the spouse.
If there are more debts than assets, heirs can reject the inheritance. These decisions are subject to time limits:
- Three months to have the inventory drawn up
- Forty days to decide whether to accept or reject the estate
Our office can assist you in Inheritance proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
1. Following strict laws on inheritance that benefit family members (descendants, parents and brothers or sisters) and the spouse in a fixed order of succession.
2. Following a person's own wishes on the disposal of their property, as expressed in their will.
If a person dies without leaving a will, then Belgian inheritance rules decide who inherits the estate. In principle, the transfer is automatic, and heirs do not need a court order to take possession of their inheritance:
1. Children and grandchildren.
2. Parents and their relatives.
3. Brothers, sisters and their relatives.
4. If none of these exist, the Belgian State.
A surviving spouse is an heir as well, but the extent of their inheritance rights depends on the specific situation.
Belgian law has a system of forced heirship that protects certain heirs so that they cannot be excluded from inheriting part of a person's estate. These set aside a part of the estate defined by law (the "reserve") for protected heirs, even if the person makes a will. Protected heirs are certain family members and the spouse.
If there are more debts than assets, heirs can reject the inheritance. These decisions are subject to time limits:
- Three months to have the inventory drawn up
- Forty days to decide whether to accept or reject the estate
Our office can assist you in Inheritance proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
Contract, rent and insurance law
Contract law in Belgium is governed by regulations from the Civil Code and, depending on the field in which the contract is concluded, other laws such as Labour Law or the Competition Act. When entering a contractual relationship, the parties must observe its provisions and the terms stipulated therein. Failure to do so can result in court litigation based on non-performance of the contract.
A contract concluded in Belgium will contain express contractual terms. These terms are meant to clearly define the manner in which the contractual relationship will be carried out. In the absence of express terms, certain other provisions will be used to define liability, limitations and the interpretation of negligence.
Whenever signing a contract in Belgium, both parties need to understand the terms, the liabilities and obligations that start once the agreement is entered into force. In general, a contract in Belgium will have to contain information about:
- type of contract;
- identity of the parties;
- description of the purpose of each of the parties in the agreement;
- nature of the obligations and how they can be suspended;
- payment and taxes (if applicable);
- duration and termination;
- liability, force majeure.
The contract will be adapted according to the business field in which it will be used and according to the interests of the parties, such as rent agreements, property sale/purchase agreements, employment contracts and many others.
There are four kinds of rental agreements in Belgium:
- Short-term (three years or less);
- Nine years (including fixed term agreements between three and nine years);
- Long-term (more than nine years);
- Lifelong.
The standard option is the nine-year contract. This may seem mind boggling to someone moving from an area where a 12 month contract is considered long term, but it doesn't mean that you have to stay in or pay for the property for the entire duration of the contract. The key differences between the types of contract are:
- when can rent increases occur;
- when landlords can give notice;
- when tenants can give notice and what are the penalties.
Belgian insurance law defines the contract of insurance as "a contract according to which, in return for the payment of a fixed or variable premium, a party, the insurer, commits itself towards another party, the policyholder, to provide the benefit stipulated in the contract in case an uncertain event emerges that, depending on the circumstances, either the insured or the beneficiary does not wish to emerge" (Article 1A, Insurance Contract Act 1992). An insurance contract must have this element of uncertainty and, under case law, must be entered into with an insurance company.
Belgian law does not define what must be understood by "contract of reinsurance". Reinsurance is defined as the activity consisting in accepting risks ceded by an insurance company or by another reinsurance company (Article 4(1), Reinsurance Act 2009).
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or Veerle Vanneuville at v.vanneuville@compitum-law.eu or both at +32 (3) 248 06 02.
A contract concluded in Belgium will contain express contractual terms. These terms are meant to clearly define the manner in which the contractual relationship will be carried out. In the absence of express terms, certain other provisions will be used to define liability, limitations and the interpretation of negligence.
Whenever signing a contract in Belgium, both parties need to understand the terms, the liabilities and obligations that start once the agreement is entered into force. In general, a contract in Belgium will have to contain information about:
- type of contract;
- identity of the parties;
- description of the purpose of each of the parties in the agreement;
- nature of the obligations and how they can be suspended;
- payment and taxes (if applicable);
- duration and termination;
- liability, force majeure.
The contract will be adapted according to the business field in which it will be used and according to the interests of the parties, such as rent agreements, property sale/purchase agreements, employment contracts and many others.
There are four kinds of rental agreements in Belgium:
- Short-term (three years or less);
- Nine years (including fixed term agreements between three and nine years);
- Long-term (more than nine years);
- Lifelong.
The standard option is the nine-year contract. This may seem mind boggling to someone moving from an area where a 12 month contract is considered long term, but it doesn't mean that you have to stay in or pay for the property for the entire duration of the contract. The key differences between the types of contract are:
- when can rent increases occur;
- when landlords can give notice;
- when tenants can give notice and what are the penalties.
Belgian insurance law defines the contract of insurance as "a contract according to which, in return for the payment of a fixed or variable premium, a party, the insurer, commits itself towards another party, the policyholder, to provide the benefit stipulated in the contract in case an uncertain event emerges that, depending on the circumstances, either the insured or the beneficiary does not wish to emerge" (Article 1A, Insurance Contract Act 1992). An insurance contract must have this element of uncertainty and, under case law, must be entered into with an insurance company.
Belgian law does not define what must be understood by "contract of reinsurance". Reinsurance is defined as the activity consisting in accepting risks ceded by an insurance company or by another reinsurance company (Article 4(1), Reinsurance Act 2009).
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or Veerle Vanneuville at v.vanneuville@compitum-law.eu or both at +32 (3) 248 06 02.
Labor and Employment Law
Labor and Employment law
Employment contracts
The employment contract is a contract where a person, the worker, undertakes to work, in exchange for a salary, for another person, the employer, and does so under their authority. The four essential elements in an employment contract are, therefore: the contract, the work, the salary and the employer’s authority (the subordination relation).
The law on employment contracts states that any clause by which the employer reserves the right to modify working conditions unilaterally is null and void.
A permanent employment contract does not have to be stated in writing. Conversely, any other employment contracts and contractual clauses must be stated in writing.
In practice, however, written employment contracts are often used to prevent problems regarding proof.
Employment contracts for which a written document is required are:
- Student employment contracts
- Fixed-term contracts or contracts for specific work
- Replacement contracts
- Part-time contracts
- Contracts for the performance of temporary work
- Contracts employing a domestic worker.
Clauses which must be stated in writing are:
- Trial clause
- Non-competition clause.
Termination of contract: resignation or dismissal
Either the employer or the employee may terminate an open-ended employment contract at any time, provided certain formalities are observed. As a rule, fixed-term contracts may not be terminated.
Notice must be given in writing and indicate the start and duration of the notice period. This period differs according to whether you are a manual worker or a white-collar worker, whether the employee hands in his or her notice (resignation) or whether the employer gives notice (dismissal).
The period of notice begins on the Monday following the week during which notice is given.
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
The employment contract is a contract where a person, the worker, undertakes to work, in exchange for a salary, for another person, the employer, and does so under their authority. The four essential elements in an employment contract are, therefore: the contract, the work, the salary and the employer’s authority (the subordination relation).
The law on employment contracts states that any clause by which the employer reserves the right to modify working conditions unilaterally is null and void.
A permanent employment contract does not have to be stated in writing. Conversely, any other employment contracts and contractual clauses must be stated in writing.
In practice, however, written employment contracts are often used to prevent problems regarding proof.
Employment contracts for which a written document is required are:
- Student employment contracts
- Fixed-term contracts or contracts for specific work
- Replacement contracts
- Part-time contracts
- Contracts for the performance of temporary work
- Contracts employing a domestic worker.
Clauses which must be stated in writing are:
- Trial clause
- Non-competition clause.
Termination of contract: resignation or dismissal
Either the employer or the employee may terminate an open-ended employment contract at any time, provided certain formalities are observed. As a rule, fixed-term contracts may not be terminated.
Notice must be given in writing and indicate the start and duration of the notice period. This period differs according to whether you are a manual worker or a white-collar worker, whether the employee hands in his or her notice (resignation) or whether the employer gives notice (dismissal).
The period of notice begins on the Monday following the week during which notice is given.
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or at +32 (3) 248 06 02.
Criminal and Traffic Law
Criminal law
Criminal law is a legal branch with a lot of special characteristics and customs.
In criminal cases, the assistance of an experienced lawyer is therefore of great importance. When you are accused, persecuted or find yourself the victim of a crime, an experienced lawyer on your side will better protect your rights
When you are suspected of having commited an offence, this can have significant consequences for you and your situation.
In the context of a criminal investigation, it is possible that you are faced with house searches, telephone tapping, and you can even be deprived of your freedom.
Very recently, based on European law, the Belgian legislator has decided that a defendant is entitled to a lawyer at all hearings.
As an injured or plaintiff party, you have rights. From the filing of the criminal complaint, the hearing, the civil proceedings, and the rules of justice, to the proceedings before the criminal court and the settlement of the civil interests, you can use the assistance of your lawyer in order to be sure that your voice will be heard.
Even after a case is dismissed where you want to see compensation for your damages, you can discuss with your lawyer what steps are still available. If you have a civil liability private life insurance (family insurance) with coverage for legal aid, your insurer (partially) covers our costs and fees.
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or Veerle Vanneuville at v.vanneuville@compitum-law.eu or both at +32 (3) 248 06 02.
In criminal cases, the assistance of an experienced lawyer is therefore of great importance. When you are accused, persecuted or find yourself the victim of a crime, an experienced lawyer on your side will better protect your rights
When you are suspected of having commited an offence, this can have significant consequences for you and your situation.
In the context of a criminal investigation, it is possible that you are faced with house searches, telephone tapping, and you can even be deprived of your freedom.
Very recently, based on European law, the Belgian legislator has decided that a defendant is entitled to a lawyer at all hearings.
As an injured or plaintiff party, you have rights. From the filing of the criminal complaint, the hearing, the civil proceedings, and the rules of justice, to the proceedings before the criminal court and the settlement of the civil interests, you can use the assistance of your lawyer in order to be sure that your voice will be heard.
Even after a case is dismissed where you want to see compensation for your damages, you can discuss with your lawyer what steps are still available. If you have a civil liability private life insurance (family insurance) with coverage for legal aid, your insurer (partially) covers our costs and fees.
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or Veerle Vanneuville at v.vanneuville@compitum-law.eu or both at +32 (3) 248 06 02.
Traffic law
Traffic law area includes criminal defense for Police and Correctional Courts, such as speeding violations, flight offences, alcohol intoxication and drunkenness, unintentional assault and inflicting unintentional assault and battery resulting in death, other violations of traffic regulations, the law regarding policing of road traffic and other traffic laws.
Traffic law also includes all aspects of an accident, including the assessment of liability and the budget for compensation of victims, both in the context of an amicable settlement and in dispute settlement, as well as the recovery of damages and other contestation of damage claims from counterparties.
If you, in your capacity as a victim or suspect in such cases, are involved in proceedings before the Police Court and have liability insurance with legal assistance, your insurer will take charge of most of our fees.
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or Veerle Vanneuville at v.vanneuville@compitum-law.eu or both at +32 (3) 248 06 02.
Traffic law also includes all aspects of an accident, including the assessment of liability and the budget for compensation of victims, both in the context of an amicable settlement and in dispute settlement, as well as the recovery of damages and other contestation of damage claims from counterparties.
If you, in your capacity as a victim or suspect in such cases, are involved in proceedings before the Police Court and have liability insurance with legal assistance, your insurer will take charge of most of our fees.
Our office can assist you in these kind of proceedings. Please contact Dana Dobrin at d.dobrin@compitum-law.eu or Veerle Vanneuville at v.vanneuville@compitum-law.eu or both at +32 (3) 248 06 02.