European Employment Law Cases

Case Reports

2019/6 Choice of Belgian law in an employment contract extends to all provisions that regulate the mutual rights and obligations of the parties to the contract (BE)

Keywords Private international law, Applicable law
Authors Dr. Gautier Busschaert
Author's information

344894 Dr. Gautier Busschaert
Dr. Gautier Busschaert is an attorney at Van Olmen & Wynant in Brussels, www.vow.be.
  • Abstract

      According to the Belgian Supreme Court, a choice of Belgian law for an employment relationship extends to all provisions beyond the employment contract. If parties choose to apply Belgian law to their employment relationship, this choice may extend to all provisions of Belgian law which regulate the mutual rights and obligations of the parties. This includes legislation on well-being at work and, hence, the payment of a protection indemnity following dismissal after filing a claim for harassment.

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