Therefore, the public procurement rules do not apply to, for example, service contracts awarded on the basis of an exclusive right or the acquisition or rental of existing buildings. If certain conditions are complied with, damages can be claimed before the Council of State by applicants or intervening parties after a judgment of the Council of State in which an illegality has been determined (article 11bis of the coordinated laws on the Council of State of 12 January 1973). If the specifications allow or oblige the formulation of variants, economic operators are permitted or obliged to state variants in their tender. The Royal Decree of 18 April 2017 on the award of public procurement contracts in the ordinary sectors. An “option” can be defined as an accessory element that is not strictly necessary to perform the contract, and which is submitted either spontaneously or at the request of the contracting authority. Fixed-term contract or contract for specific work, Contract for the performance of temporary work. The period of notice begins on the Monday following the week in which notice is given. 3.2        What are the minimum timescales? 5.4        What are the limitation periods for applying for remedies? The law on employment contracts states that any clause by which the employer reserves the right to modify the working conditions unilaterally is null and void. In the event of resignation, the period of notice corresponds to half the notice in case of dismissal but may not exceed three months. 3.1        What types of award procedures are available? In general, contracting authorities must treat suppliers (in addition to contractors and service providers) in an equal, non-discriminatory and transparent way. Any changes in the employment contract can only be made with the consent of both parties. Furthermore, damage claims can be introduced before the civil courts or before the Council of State (e.g. This is highly dependent upon the type of procedure, the facts of each case, and the availability of the competent court. ICLG.com > social value)? While you can negotiate some changes to the standard contract, you may find that the Belgian courts are unwilling to enforce unusual provisions or non-standard lease clauses if a disagreement with your landlord results in legal action. After the award of the contract, Belgian legislation provides that changes are possible in certain cases, such as the application of previously agreed upon contract … The total time worked at a company can be important in calculating notice periods. Although Belgian labor law contains a general prohibition against overtime, there are exceptions where overtime regulations do not apply; you may not always receive time off in lieu or compensation for working overtime, although in most cases compensation should legally apply. If notice was given by the employee, a specified period must, as a rule, elapse before unemployment benefit is payable in Belgium. The Guide to Law Online Belgium contains a selection of Belgian legal; juridical; and governmental sources accessible through the Internet. The conclusion of the contract deprives a third party, in principle, of the possibility to obtain rehabilitation in natura, i.e. In conformity with the European Directives, more flexibility with regard to the award of framework agreements exists in the special sectors. You can of course change your mind and withdraw your consent at any time, by returning to this site after clearing the cookies on your computer or device. Your choices will not impact your visit. Third parties can nonetheless still try to obtain the annulment of the award decision before the Council of State, and/or the suspension/annulment of the contract before the civil courts. 1.5        How does the regime relate to supra-national regimes including the GPA, EU rules and other international agreements? Click below to consent to the use of this technology on our website – and don’t worry, we respect your privacy. In the event of dismissal: four weeks if the worker has less than 20 years’ service, and eight weeks if the worker has more than 20 years’ service. 1.1        What is the relevant legislation and in outline what does each piece of legislation cover? Article 2 of the Act of 17 June 2016 enumerates contracting authorities covered by the public procurement rules in the ordinary sectors. 2.3        Are there financial thresholds for determining individual contract coverage? In practice, however, written employment contracts are often used to prevent problems regarding proof. If not, what are the underlying principles governing these issues? The main principles can be summarised as follows: 3.3        What are the rules on excluding/short-listing tenderers? It is forbidden to split up contracts that are to be considered as one work, supply or service contract, and that are valued above the threshold values for the purpose of obtaining different contracts that are below those values. Stibbe, Lieselotte Schellekens Make sure you know the legal lay of the land in your new home before signing your next employment contract. You may change your settings at any time. In addition to the contracting authorities mentioned in the ordinary sectors, the special sectors regulation also includes “public undertakings” (i.e. 2.8        What obligations do purchasers owe to suppliers established outside your jurisdiction? 5.5        What measures can be taken to shorten limitation periods? The principles of general Belgian constitutional and administrative law apply. 6.2        What is the scope for negotiation with the preferred bidder following the submission of a final tender? This period is increased by three months for each additional period of five years’ service. 5.6        What remedies are available after contract signature? 2.1        Which categories/types of entities are covered by the relevant legislation as purchasers? Where the salary exceeds €25,277, the periods of notice are fixed by an agreement entered into at the time notice is given. If you worked a full calendar year, you are then entitled to a minimum of 20 days. 3.9        What are the rules on alternative/variant bids? The Act of 17 June 2016 transposes the 2014 Directives on public procurement, which are in turn influenced by the GPA rules. There are some laws which aim to facilitate the use of PPPs, e.g. 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 situation is in itself a rare one. Concerning the short-listing of tenderers, it should be noted that the selection of the tenderers must be based exclusively on the selection criteria contained in the tender notice and on the basis of documents enumerated in the tender notice as being required for the selection. Although a tender may still be awarded on the basis of price or costs alone, this terminological distinction has been abandoned in the Act of 17 June 2016. The third exception concerns delegation of powers, in cases where there is a full devolution of tasks, responsibility and power of decision from one contracting authority to another, and the contracting authority becomes a substitute, exercising all the competences of the initial contracting authority. However, civil courts are not exclusively competent to examine a claim for damages after a suspension or annulment by the Council of State. The employer or worker can then take note of the termination and ask for payment of compensation in lieu of notice. This Act contains the core of both the coordination and the codification of all existing public procurement regulations and of the transposition into Belgian law of the 2014 European Procurement Directives. An action for alternative sanctions must be launched within a time frame of six months. The rules of the Act of 17 June 2013 are applicable to procedures above the threshold for European publication, and are only partially applicable to some procedures under the European threshold values. Nonetheless, the jurisprudence of the Council of State in particular (judgments of the civil courts and tribunals are only rarely published) is deemed a relevant source of law with respect to the enforcement of public procurement legislation. This is the case for tenders in the so-called “fraud-sensitive sectors”, such as construction works and cleaning services. after an annulment of an award decision by the Council of State). These measures can often be combined, even if all of them cannot necessarily be brought before the same judge. Apart from the situations mentioned under question 6.1, a new contractor may replace the initial one as a consequence of succession, following corporate restructuring (article 38/3, 2° of the Royal Decree of 14 January 2013). Normally, the suspension or annulment of the contract itself cannot be obtained, except in the cases which are exhaustively enumerated in the Act of 17 June 2013.

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