Wet op het Eenheidsstatuut

English translation: Unified Employment Status Act

04:43 May 25, 2016
Dutch to English translations [PRO]
Law/Patents - Law (general) / Ontslagregels
Dutch term or phrase: Wet op het Eenheidsstatuut
Dear all,

Could anyone help me with the legal term: Wet op het Eenheidsstatuut as in the sentence below.

Voor de inwerkingtreding van de Wet op het Eenheidsstatuut dd. 26 december 2013 kon een werkgever in België eenzijdig overgaan tot verbreking van de arbeidsovereenkomst na 6 maanden ononderbroken afwezigheid van de werknemer wegens ziekte.
Isabeau Sas
South Africa
Local time: 02:50
English translation:Unified Employment Status Act
Explanation:
"On 26 December 2013, the Unified Employment Status Act entered into force, putting an end to the discriminatory treatment between blue-collar and white-collar employees with regard to the length of the notice period in case of dismissal. This Act aligns the notice periods for blue and white-collar employees for employment contracts taking effect as of 1 January 2014. Other important reforms brought about by the Unified Employment Status Act are the removal of the waiting day (‘jour de carence / carensdag’) for blue-collar employees that was preventing them from enjoying guaranteed income during their first day of sick leave and the abolition of the trial
period for standard employment contracts."
(http://knowledge.leglobal.org/wp-content/uploads/LEGlobal_Me...

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Note added at 5 uren (2016-05-25 10:37:12 GMT)
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Cf. LexMundi Guide to Doing Business
Belgium
Prepared by Lex Mundi member firm, Liedekerke Wolters Waelbroeck Kirkpatrick
[= Belgian Law Firm of the Year at the 2016 Chambers Europe Awards]

"During the first month of sick leave, the employee is entitled to a guaranteed wage payable by the employer. To compensate for the fact that payment is now due as from the first day of incapacity, the newly adopted Unified Employment Status Act (UES Act)2 has improved the right for the employer to verify the incapacity to work.”

2 Unified Employment Status Act of December 26, 2013, concerning the introduction of a single employment status for blue-and white collar employees with regard to the notice periods and the first day of sick leave and related measures (so-called Unified Employment Status Act or UES Act).
(http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd...


26 DECEMBER 2013. - Wet betreffende de invoering van een eenheidsstatuut tussen arbeiders en bedienden inzake de opzeggingstermijnen en de carenzdag en begeleidende maatregelen: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?langua...
Selected response from:

Roy vd Heijden
Belgium
Local time: 01:50
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3Unified Employment Status Act
Roy vd Heijden
4Law of 26 December 2013 concerning the introduction of the unified status between blue collar and wh
Erzsébet Czopyk
Summary of reference entries provided
Unity Status
Roy vd Heijden
refs
Michael Beijer

Discussion entries: 4





  

Answers


25 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
Unified Employment Status Act


Explanation:
"On 26 December 2013, the Unified Employment Status Act entered into force, putting an end to the discriminatory treatment between blue-collar and white-collar employees with regard to the length of the notice period in case of dismissal. This Act aligns the notice periods for blue and white-collar employees for employment contracts taking effect as of 1 January 2014. Other important reforms brought about by the Unified Employment Status Act are the removal of the waiting day (‘jour de carence / carensdag’) for blue-collar employees that was preventing them from enjoying guaranteed income during their first day of sick leave and the abolition of the trial
period for standard employment contracts."
(http://knowledge.leglobal.org/wp-content/uploads/LEGlobal_Me...

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Note added at 5 uren (2016-05-25 10:37:12 GMT)
--------------------------------------------------

Cf. LexMundi Guide to Doing Business
Belgium
Prepared by Lex Mundi member firm, Liedekerke Wolters Waelbroeck Kirkpatrick
[= Belgian Law Firm of the Year at the 2016 Chambers Europe Awards]

"During the first month of sick leave, the employee is entitled to a guaranteed wage payable by the employer. To compensate for the fact that payment is now due as from the first day of incapacity, the newly adopted Unified Employment Status Act (UES Act)2 has improved the right for the employer to verify the incapacity to work.”

2 Unified Employment Status Act of December 26, 2013, concerning the introduction of a single employment status for blue-and white collar employees with regard to the notice periods and the first day of sick leave and related measures (so-called Unified Employment Status Act or UES Act).
(http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd...


26 DECEMBER 2013. - Wet betreffende de invoering van een eenheidsstatuut tussen arbeiders en bedienden inzake de opzeggingstermijnen en de carenzdag en begeleidende maatregelen: http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?langua...

Roy vd Heijden
Belgium
Local time: 01:50
Native speaker of: Native in DutchDutch
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: this isn't the only translation so in any case, the Dutch (or French) should be shown as well.
1 hr
  -> http://www.dentons.com/en/insights/newsletters/2015/november...

agree  Michael Beijer: as long as you stick the Dutch in quotes after it, I think "Unified/Single Employment Status Act (Wet op het Eenheidsstatuut)" would do nicely / @Terry: quite a high bar to set, that a term ought to provide full understanding to one unfamiliar w/ context
2 hrs

neutral  Terry Costin: Michael, how can someone who knows nothing of these matters understand the actual meaning? after all they might imagine it refers to being a bachelor! single & married employment status, erhum! Michael: Don't think so, avoiding misunderstanding is vital.
3 hrs

agree  Erzsébet Czopyk: Unified Status Act is the shortest name so I agree with you
7 hrs

agree  Kitty Brussaard: En inderdaad de oorspronkelijke/Nederlandstalige benaming bij de eerste vermelding tussen haakjes toevoegen. / Touché, maar ik bedoelde natuurlijk die korte NL versie (zoals gebruikt in de brontekst) :-)
13 hrs
  -> Dank! Vooruit dan maar: (Wet van 26 december 2013 betreffende de invoering van een eenheidsstatuut tussen arbeiders en bedienden inzake de opzeggingstermijnen en de carenzdag en begeleidende maatregelen)
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Law of 26 December 2013 concerning the introduction of the unified status between blue collar and wh


Explanation:
The right to outplacement for dismissed employees had been broadened by the Law of 26 December 2013 concerning the introduction of the unified status between blue collar and white collar workers regarding the notice
periods, first day of unpaid sick leave and accompanying measures


(Wet betreffende de invoering van een eenheidsstatuut tussen arbeiders en bedienden inzake de VBB on Belgian Business Law Volume 2014, No. 9 opzeggingstermijnen en de carensdag en begeleidende maatregelen;

Loi concernant l’introduction d’un statut unique entre ouvriers et employés en ce qui concerne les délais de
préavis et le jour de carence ainsi que demesures d’accompagnement).

That law entered into force on 1 January 2014 (See our Newsletter, Volume 2014, No. 1, p. 10).

© 2014 Van Bael & Bellis Page 11, September 2014

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Note added at 2 hrs (2016-05-25 07:26:47 GMT)
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BE 09 14.PDF // https://www.vanbaelbellis.com/site/download.cfm?SAVE=10319.....

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Note added at 2 hrs (2016-05-25 07:28:40 GMT)
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Single employment status: what does it mean to your business?
Since 1 January 2014 new notice terms and redundancy rules have come in place that are intended to ensure equal treatment of blue-collar and white-collar workers. Alongside this, the unpaid first day's sickness absence (the so-called carenzdag/jour de carence) has been eliminated, and the trial period clause has been abolished. In addition, a series of smaller-scale regulations are set to take effect, including the general implementation of the entitlement to outplacement and the introduction of a special compensatory contribution over the severance pay.

The new rules are set to have a significant impact on the everyday practice of your HR policy and your wage bill.

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Note added at 7 hrs (2016-05-25 12:16:05 GMT)
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http://knowledge.leglobal.org/wp-content/uploads/LEGlobal_Me...
The Act of 26 December 2013 concerning the introduction of a unified status for
blue collar workers and white collar employees with regard to notice periods,
the carenz day and related measures (the “Act”) was published in the Belgian
State Gazette on 31 December 2013 and entered into force as of 1 January
2014. The key changes introduced by the Act are set out in more detail
below

http://www.pwc.be/en/hr-law-newsletter/2014/memorendum-unifi...
A. Introduction
On 26 December 2013 the Belgian Parliament adopted the Act regarding the introduction of a unified status for blue and white collar workers, with respect to the notice periods, the ‘carenz day’ and related policy measures (hereafter the ‘Unified Status Act’).

So let it be the ‘Unified Status Act’

Erzsébet Czopyk
Hungary
Local time: 01:50
Specializes in field
Native speaker of: Native in HungarianHungarian

Peer comments on this answer (and responses from the answerer)
neutral  Terry Costin: Think it's too long, the Dutch contains just 4 words. In response to Erzsébet below: if the asker didn't include the entire wording why would you given that asker wishes to use just a short piece of the entire act?
1 hr
  -> No, the asker did not gave the full name of the Act. I modified my answer and I hope now you will like the short one.

neutral  writeaway: far too long-winded. /all Belgian laws are automatically in French and Dutch and officially they should be in German as well. The two types of employment contracts were a bone of contention for years.
1 hr
  -> You asked for French, I found it and... got your neutral.

neutral  Kitty Brussaard: The full version probably doesn't work in asker's specific context but thanks for sharing it anyway. As regards the shorter version you added, I think it might be just a bit too short :-). I would prefer to leave in 'employment' as in Roy's answer.
11 hrs
  -> No way to please you today...:) anyway thank you
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Reference comments


20 mins
Reference: Unity Status

Reference information:
"Vlerick Alumni and Liedekerke Advocaten invite you to a high-level debate one the Unity Status (i.e. the unification of statutes of blue and white collar workers) with minister Monica De Coninck, Chris Van Doorslaer (CEO Cartamundi Group), Bart Buysse (General Manager VBO) and Paul Geerebaert (Partner Liedekerke Advocaten)."
(http://www.vlerick.com/en/events/events/debat-met-minister-m...

Roy vd Heijden
Belgium
Native speaker of: Native in DutchDutch
PRO pts in category: 4
Login to enter a peer comment (or grade)

2 hrs peer agreement (net): +2
Reference: refs

Reference information:
"Exit Calculator 1.0.1

Device: iOS Universal
Category: Business
Price: Free, Version: 1.0.1 (iTunes)

Description:

This is the most comprehensive app available to assist with calculating severance pay and/or contract fees for both white-collar and blue-collar employees, in line with the new Belgian legislation (i.e. the ‘eenheidsstatuut’ that has introduced one single status for all employees).

Source: Trefzeker and the social-law database of Acerta."

(http://appshopper448.rssing.com/chan-15770646/all_p253.html )

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Note added at 2 hrs (2016-05-25 07:25:08 GMT)
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"Single employment status: the end of blue and white collars

The law on the single employment status, published at Memorial A 60 on May 15 2008, came into force on January 1 2009, although the provisions governing the setting up of new institutions or the election of staff delegations have been enforceable since May 15 2008. The law modifies the Labour Code and the Social Insurances Code, which becomes the Social Security Code in order to emphasize the preventive aspect of social security bodies' action. The law ends the distinction between blue and white-collar workers, dating back to the era of the booming steel industry.

[…]

Collective bargaining agreement
Until the end of 2008 undertakings were authorized, where necessary, to conclude one collective bargaining agreement for blue-collar workers and one for white-collar workers. Since January 1 2009, employers have been invited, when negotiating collective bargaining agreements, to favour a single regime applicable to all employees. However, distinct collective bargaining agreements may still coexist within a company or sector until December 31 2013.

[…]

Supplementary pensions
Owing to the funding system by capitalization peculiar to the supplementary pension schemes, the introduction of the single employment status does not automatically confer vested rights on persons for whom provisions have not been made or contributions have not been paid. Two legislative measures have been taken under which: (i) the personal scope of a pension scheme is not automatically extended by the introduction of the single employment status; and (ii) Article 8 of the law on the supplementary pension regimes is modified with a view to enabling a differentiation between schemes based on the date of their entry into force or date of admission to a pension scheme. "

(http://www.internationallawoffice.com/Newsletters/Employment... )

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Note added at 2 hrs (2016-05-25 07:30:44 GMT)
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"The Union of Luxembourg Companies (Union des Entreprises Luxembourgeoises, UEL) considered, at the time of the negotiations on the single employment status, that the statistics on absenteeism due to illness confirmed a continuous increase in the problem. Moreover, in the opinion of UEL, the strong disparities existing between men and women and resident workers and cross-border workers, as shown by recent statistical data, underlined the obviously abusive nature of absenteeism (see Table 1). As companies were assuming a risk which formerly was the responsibility of the sick-benefit funds, they must be able to reinforce the administrative and medical controls on the workers.

Trade unions did not express an official position on this issue. On several occasions, however, they stated that the strengthening of controls practised by certain companies was unjustified. In addition, the law on the single employment status introduced the continuation of wages in the event of sickness payable by the employer to any of the employees. In this regard – and as certain companies seem to pay only the basic salary – the trade unions called on the public authorities to clarify that the labour regulation stipulates that the employee must be remunerated for the period of continuation of the wages as if they had continued to work.

[…]

The question of absence from work is a sensitive topic in Luxembourg. It is not so much the level of absenteeism which raises questions, as this rate is lower than in bordering countries, for example. However, since the introduction of the single employment status, the cost that absence from work generates is an issue for companies which have many former blue-collar workers among their personnel. During the negotiations on the introduction of the single employment status, the employers had agreed to create one status for white-collar and blue-collar workers on condition that measures are taken to better manage absenteeism."

(http://www.eurofound.europa.eu/es/observatories/eurwork/comp... )

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Note added at 2 hrs (2016-05-25 07:43:37 GMT)
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see also:

"On 26 December 2013 the Belgian Parliament adopted the Act regarding the introduction of a unified status for
blue and white collar workers, with respect to the notice periods, the ‘carenz day’ and related policy measures
(hereafter the ‘Unified Status Act’).

[…]

The Act lays down the notice periods to be observed by both employer and employee when terminating an
employment agreement of indefinite duration. Before the Unified Status Act, certain categories of white collar
employees had to enter into negotiations with their employer to agree on a ‘suitable notice period’. This led to
numerous judicial procedures before the Belgian labour courts, the development of divergent and complex case
law and even the introduction of mathematical formulas by legal practitioners (e.g. the well-known Claeys
formula) which had to serve as practical guidelines for the employer and the employee."

(http://www.pwc.be/en/hr-law-newsletter/2014/memorendum-unifi... )

Michael Beijer
United Kingdom
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 189

Peer comments on this reference comment (and responses from the reference poster)
agree  Erzsébet Czopyk: Unified Status Act is the shortest name so I agree with you
4 hrs
  -> Thanks Erzsébet!
agree  Kitty Brussaard: Thank you for sharing the fruits of your research. I would personally leave in 'employment' (as in most of your references): 'Single Employment Status Act' or 'Unified Employment Status Act'.
11 hrs
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