1.3 Are there special rules in relation to procurement in specific sectors or areas? The Civil Code contains the basic principles of Contract Law and the Commercial Codecontains special provisions for business activities. If not, what are the underlying principles governing these issues? The best thing is to set down in a new contract that it is an extension to or amendment of a previous contract. the State and municipalities), and the entities fulfilling the following criteria: In accordance with the European Directives, the Belgian legislation has a broader field of application in the special sectors. Not all amendments are initialled. All labour documents and labour-related communications with the employees must be conducted in either Dutch, French or German, depending on the location of the employer’s operatingunit. In principle, the relations between contracting authorities concerning the awarding of public contracts are subject to the same public procurement rules as the relations between a contracting authority and a private entity. With regard to procurement rules tailor-made for defence and security markets, the Directive 2009/81/EC on defence and security procurement has been implemented by the Act of 13 August 2011 on public contracts and certain contracts for works, supplies and services in the field of defence and security. 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). In conformity with the European Directives, more flexibility with regard to the award of framework agreements exists in the special sectors. This is the case for tenders in the so-called “fraud-sensitive sectors”, such as construction works and cleaning services. and unlock access to three FREE PDF downloads per month 5.9 What mitigation measures, if any, are available to contracting authorities? Article 2 of the Act of 17 June 2016 enumerates contracting authorities covered by the public procurement rules in the ordinary sectors. 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. In general, contracting authorities must treat suppliers (in addition to contractors and service providers) in an equal, non-discriminatory and transparent way. For restricted procedures, there is a timescale of 30 days to submit a request to participate and 30 days to submit a tender. 6.1 Does the legislation govern changes to contract specifications, changes to the timetable, changes to contract conditions (including extensions) and changes to the membership of bidding consortia pre-contract award? The Belgian contract lawis generally flexible and allows private parties to conclude various types of contracts as they see fit. 3.9 What are the rules on alternative/variant bids? 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. 4.2 How does the law apply to “in-house” arrangements, including contracts awarded within a single entity, within groups and between public bodies? As a principle, the (Belgian) publication of the announcement of the contract is required, even when the European threshold values are not met, unless the negotiated procedure without publication can be used. If you worked a full calendar year, you are then entitled to a minimum of 20 days. It is bound… References are only valid if referred to in the text. If you have several contracts: keep all of them. A contracting authority has an amount of discretion to decide whether a price is “abnormal”, unless a specific threshold needs to be respected. any undertaking over which the public authorities have a dominant influence) and some private entities. Under Belgian employment law, employees have an unimpeded right to strike. Furthermore, damage claims can be introduced before the civil courts or before the Council of State (e.g. When a candidate or tenderer or an undertaking related to a candidate or tenderer has advised the contracting authority, whether in the context of article 51 or not, or has otherwise been involved in the preparation of the procurement procedure, the contracting authority shall take appropriate measures to ensure that competition is not distorted by the participation of that candidate or tenderer (article 52 of the Act of 17 June 2016). If the specifications allow or oblige the formulation of variants, economic operators are permitted or obliged to state variants in their tender. This also applies to information on the reverse of a contract: only valid if referred to in the text above the signature. The rate varies depending on a number of quite complex rules. The use of languages in industrial relations is regulated in Belgium. An extension of an existing contract must be considered, in principle, as a new contract and must, by consequence, be awarded in compliance with the public procurement rules. Undertakings established in the bilingual Brussels Capital Region must draw up documents in Dutch for Dutch-speaking staff and in French for French-speaking staff. Immediately after the award decision, the contracting authority notifies: The notification must mention the time limit of the applicable standstill period and the recommendation to inform the contracting authority if the tenderer would choose to initiate a suspending procedure. every tenderer with an offer that, after assessment, does not constitute the most economically advantageous tender, by distributing a copy of the motivated decision. Before the award of the contract, Belgian legislation does not deal with changes to contract conditions. 1.2 What are the basic underlying principles of the regime (e.g. Belgium All contracts are subject to Belgian procurement legislation. Here are some expert tips on negotiating your Belgian employment contract and information about the Belgian minimum wage. The most important Royal Decrees implementing the Act of 17 June 2016 are: This regulatory framework governing public procurement is complemented by the Act of 17 June 2013 concerning the motives, the information and the legal remedies with regard to public procurement contracts and certain contracts for works, supplies and services, and concessions. Withholding tax is based on gross taxable income. The contracting authority may hold market consultations before the start of an award procedure in order to prepare the tender procedure, and to inform companies of its plans and requirements. No specific legislation exists in this regard. 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. "Steven Rix, Head of Legal, European Operations - GlaxoSmithKline, © 2002-2020 Copyright: ICLG.com | Our Privacy, Register with us FREE Please note that client queries should NOT be posted here but sent through our Contact page. The period of notice begins on the Monday following the week in which notice is given. Should you enter into any disputes with another party after, Our representatives can help you conclude a number of contracts like, Establishing a Joint-Stock Company in Belgium, Starting a Recruitment Company in Belgium, Characteristics of a BVBA Company in Belgium, Characteristics of a NV Company in Belgium, Open a Textile Manufacturing Company in Belgium, Open an Advertising and Marketing Company in Belgium, Open a Rental and Leasing Company in Belgium, Legal Requirements for Obtaining Citizenship in Belgium, Marriage in Belgium: Rights and Obligations, Belgian Legislation for Foreign Investments, Submitting Financial Statements in Belgium, Restructuring and Insolvency Lawyers in Belgium, Signing a Contract with a Belgian Company, Obtain Information About Belgian Companies, The 10 Most Important Business Regulations in Belgium, Changing Your Business Structure in Belgium, Company Administration in Case of Insolvency. in the water, energy, transport and postal services sectors). ICLG - Public Procurement Laws and Regulations - The period of notice begins on the first day of the month following that in which notice is given. 2.8 What obligations do purchasers owe to suppliers established outside your jurisdiction? 2.6 Are there special rules for the conclusion of framework agreements? 6.4 To what extent does the legislation permit the transfer of a contract to another entity post-contract signature? a competitive procedure with negotiation, which allows the contracting authority to consult the economic operators of its choice and to negotiate the terms of the contract with one or more of them. This conflict of interest is presumed to exist in cases such as when the person referred to in article 6, §1 is (directly or through an intermediary) owner, co-owner or partner in one of the candidate or tendering companies, or (directly or through an intermediary) exercises an executive or management authority in one of these companies (article 6, §3 of the Act of 17 June 2016). 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. In principle, a contract will be awarded on the same terms as those set out in the specifications. Conversely, any other employment contracts and contractual clauses must be stated in writing. Periods of notice vary according to the employee’s seniority and salary. In particular, to what extent are factors other than price taken into account (e.g. If notice was given by the employee, a specified period must, as a rule, elapse before unemployment benefit is payable in Belgium. After a submission of a “Best and Final Offer” (BAFO), the contracting authority may allow or request certain changes to the tender, for example, to clarify understandings reached during negotiations or to rectify a material error. In the ordinary sectors, this procedure can only be chosen in limited cases listed in the Act of 17 June 2016. The principles of equal treatment, non-discrimination, mutual recognition, proportionality and transparency apply especially to economic operators that are settled in the European Union. suspending proceedings of extreme urgency before the Council of State or summary proceedings before the civil courts and tribunals), or one to two years (e.g. The employer, who is in charge of managing the company, can restructure and reorganise the contract if necessary for economic reasons provided it does not significantly alter an essential element of the employment contract. 2.5 Are there special rules for concession contracts and, if so, how are such contracts defined? Log in, Steven Rix, Head of Legal, European Operations - GlaxoSmithKline, and unlock access to three FREE PDF downloads per month, COVID-19 impacts level and payment of antitrust fines | Netherlands, Provisional rental discounts in times of COVID-19 | Netherlands, Extension of approval and filing deadlines for financial data of Luxembourg companies, COVID-19: fast-forwarding competition law, Spreading fast: Dutch and Belgian Covid-19 State-Aid approved, Commission adopts banking package in response to COVID-19 pandemic. Stibbe, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The Guide has on occasion been, and continues to be, the only source of readily-available, substantive information on what can be a complex area on which to advise. 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.
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