On 17 December 2024, the representative organisations of the Belgian National Labour Council (“CNT-NAR”), adopted an amended text strengthening the obligations of employers transferring their undertakings under the terms of CBA 32bis. CBA 32bis is the transposition of the 2001 EU’s Transfer of Undertakings (Protection of Employment) Directive (the so-called TUPE Directive) into Belgian law. It aims to safeguard employees’ rights in the event of a change of the legal employer.
From 1 February 2025, as soon as the (representatives of the) employees affected by a business transfer agreement so request, the transferor (the former employer) shall communicate certain information to the transferee (the new employer) and will invite the transferee to come and meet the employees before the proposed transfer takes place. The invitation must be sent in good time, and in any event before the transfer.
The amendment implements CNT-NAR’s Opinion issued on 19 December 2023 (Opinion no. 2.395) concerning business reorganisations. It aims to improve the quality and effectiveness of the information and consultation phase prior to a business transfer,
An evaluation of the new system will be carried out within two years.
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