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Visit of the Social Inspection: Rights and Obligations of Undertakings

Event | 12.02.10, 12:00 AM UTC - 12:00 AM UTC

A Crowell & Moring sponsored event in cooperation with the Belgian Legal Counsel Institute.

When confronted with a visit of the Social Inspection, companies often do not know how to react.

Can the Social Inspection freely consult all documents that it may be interested in, or are there restrictions? Can it request a copy thereof? Is it entitled to interrogate the employees in the absence of a representative of the employer or a union representative? Can the access to certain premises be denied? What is meant by the criminal offence of the obstruction of inspection? What about the presence and role of a lawyer in case of such a control ? Will the Inspection always make an official report about the offences on the social legislation? Are there any possibilities to regularize such infringements?

In times where social fraud is increasingly fought against, these questions become even more relevant.

The company lawyer is the first legal advisor of the company. He should be able to answer these questions as good as possible to advise the HR manager on how to react in case of control.

During the Webinar of 2 December, Crowell & Moring’s labor law lawyers will help you prepare for such an event by answering the above and other questions.

Speakers

Frederik Van Remoortel

Emmanuel Plasschaert

Language Dutch

French

Participants

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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