Use of languages in judicial matters
for those working in Brussels
October 2022 – Ms X works in Brussels, but her employer's registered office is in Asse. What language is applicable here when the employer fails to appear before the judge?
The facts
The registered office of SRL A is located in Asse. Ms X is employed by the limited liability company but works in the bakery on the Chaussée de Gand in Brussels, which is the operating headquarters of the limited liability company.
However, Ms X is dismissed and discussions arise about arrears of pay and allowances.
She turned to the French-speaking labour court in Brussels, which considered whether there had been a violation of the law on the use of languages since the limited liability company was based in the Flemish Region.
The fact that the employer had failed to act was important here. A French-speaking employee was pleading her case before a French-speaking court and her Dutch-speaking employer showed no interest in the case.
Legislation
Article 4(1) of the Act on the use of languages in judicial matters provides as follows The document initiating proceedings is drawn up in French if the defendant is domiciled in the French-speaking region; in Dutch, if the defendant is domiciled in the Dutch-speaking region; in French or in Dutch, at the choice of the plaintiff, if the defendant is domiciled in a municipality of the Brussels conurbation or has no known domicile in Belgium.
This law dates from 15 June 1935...
According to this provision, Mrs X should have submitted her application in Dutch.
However, the judge refers to a ruling of the Constitutional Court from 2010, which dealt with similar facts.
In that case too, the employer's registered office was in Asse, but the employee concerned worked in a nursing home in Brussels. Moreover, all social relations had been conducted in French until then.
The Constitutional Court ruled at the time that the law should be interpreted in the sense that the place of business should be taken into account.
The seat of the business takes precedence
The Labour Court followed the reasoning of the Constitutional Court. In fact, all social relations took place at the operational headquarters (located in Brussels) and not at the head office (located in the Flemish Region).
The Labour Court also found that the language used in all social relations was French, not Dutch. The employment contract, the pay slips, the letter of leave, etc. were all drawn up in French.
Consequently, there was no violation of the law on the use of languages in this case and the procedure could be continued in French.
