1. Why this amendment?
Until now, Belgian legislation did not explicitly impose an obligation on the transferee (i.e. the future employer) of an undertaking to engage in social dialogue. This legal gap risked undermining legal certainty. Employees were often faced with faits accomplis, without any genuine opportunity for interaction with their future employer.
Under the revised CLA No. 32bis, employers are now subject to clear obligations to ensure a thorough and effective process of information and consultation for the employees concerned.
2. What are the new obligations for employers?
Any undertaking involved in a conventional transfer of undertaking is now required to comply with a set of obligations.
Firstly, the transferring employer must communicate to the transferee the content of the information and consultation process that took place in the context of the transfer.
Secondly, the transferor is required to invite the transferee to introduce themselves to the employee representatives (or directly to the employees, in the absence of representation) before the transfer becomes final.
The information and consultation must occur in a timely manner, and in any event prior to the effective implementation of the transfer.
It is important to note that these new obligations apply only if the transferee is known – that is, if they have been officially designated as the future employer of the employees concerned.
This amendment aims to enhance the protection of employees affected by a transfer of undertaking by guaranteeing them a genuine right to information and consultation.
As a result, employee representatives (or the employees themselves, in the absence of a trade union delegation) will be able to request direct interaction with the incoming employer. This increases transparency throughout the process and facilitates better preparation for the upcoming changes within the company.
3. Conclusion
As of 1 February 2025, employers must adapt their practices to comply with the new legal obligations, as the revised CLA No. 32bis enters into force on that date.
It is essential for employers to establish clear internal procedures to ensure smooth and transparent communication between the transferor, the transferee, and the employees concerned.
Do you have questions regarding the application of these new rules? Our team is ready to support and advise you.