Employment Contracts in Belgium

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Employment Contracts in Belgium

Employment prospects in Belgium are reasonable, although youth unemployment remains a problem. Working conditions are generally good and Belgian labour laws give employees extensive rights after 12 months continuous employment – hence the large sector of the working population that still find themselves employed on temporary contracts.

The Belgian working week is typically 38 hours. Employees are normally entitled to 20 days annual holiday and 10 paid public holidays.

EEA nationals also have free access to the three regional employment services in Belgium. They can advise on contract issues as well as helping potential employees find work.

• Flemish Community: VDAB
• Wallonia: FOREM (in French)
• Brussels and Central region: ACTIRIS (in French & Dutch)

There is also the European Job Mobility Portal (EURES), a partnership between the various employment services in the EEA. The website contains general information about working in member states.

Note: Any change of professional situation must be made known to the commune where the person resides. For example, the commune should be notified at the end of studies, following a career change, retirement or unemployment. This can be done at the Town Hall (Maison Communale/Stadhuis) in person or by letter and the change is then noted in the Population Registry.

Types of Employment Contract

There are several types of employment contract (Contrat de travail/Arbeidsovereenkomst) commonly used in Belgium. There are different contracts for manual workers and white-collar workers. In addition, separate contracts exist for domestic workers, student workers, professional sports people and homeworkers.

Contracts vary in length and complexity. Most commonly:

• Permanent contracts/Open-ended contracts (Contrat de travail pour une durée indéterminée/De arbeidsovereenkomst voor onbepaalde tijd) - contracts which are for an indefinite length of time
• Fixed-term contracts (Contrat de travail pour une durée déterminée/De arbeidsovereenkomst voor bepaalde tijd) – contracts that specify a start and an end date for the employment
• Specific-assignment contracts (Contrat de travail pour un travail nettement défini/De arbeidsovereenkomst voor een duidelijk omschreven werk) – contracts which come to an end when the relevant work has been completed
• Replacement contracts (Contrat de remplacement/De vervangingsovereenkomst) – contracts which are for an employee to replace an existing employee who is absent for a reason, such as maternity leave, etc. The contract must detail the identity and the duties of the person replaced and the reason for and length of the contract. These may not exceed two years
• Temporary Contracts (Contrat de travail temporaire-contrat de travail intérimaire/De arbeidsovereenkomst voor uitvoering van tijdelijke arbeid en uitzendarbeid) – contracts between an individual and a temping agency where the individual is then placed with a client for a period of time. These are usually for a maximum of six months
• Part-time contracts (Contrat de travail à temps partiel/Arbeidsovereenkomst voor deeltijdse arbeid) – contracts for less than the normal 38-hour week (sometimes unemployment benefit can continue while the employment lasts)

Employment contracts must be in French, Dutch or German. The employer may be able to provide an informal copy of the contract in English.

Be aware that some employers will try to offer contracts with a self-employed status. These are not contracts at all and should be approached with caution since the individual is responsible for paying social security contributions and advance tax. No protection is offered under such a "contract" for sickness or invalidity, nor is the individual entitled to any notice or compensation if the contract is terminated.

What the contract should contain

Although it is not compulsory for permanent contracts, it is best to obtain a contract in writing. Employees have a right to ask for such a document to be provided and should receive it within two months of starting employment. Subsequent changes to the employment terms must be communicated in writing within one month of the change.

The contract will normally contain the following:

• name and address of the employer and employee
• date that employment commences
• place of work
• a description of duties
• pay and how this will be calculated and paid
• the length of any trial period
• the hours and days to be worked

Most Belgians are paid directly by bank transfer so it will almost certainly be necessary to have an account locally.

Most other contracts have to be in writing, for example student contracts, fixed-term contracts or work-specific contracts, also part-time and replacement contracts, contracts with temping agencies or for any temporary work and working from home.

Trial periods or probation arrangements are common in Belgium, but are only valid if they have been put in writing. The maximum allowed for manual workers is two weeks, whereas for white-collar workers it can be anything up to six months.

Young people aged 16-18 may be offered an Apprenticeship Contract whereby they receive training from a company but continue to attend an educational establishment for one or two days a week. There is normally a probation period of three months and a written contract should be signed before starting.

• For more information on employment contracts in Belgium: Click here (in French) or here (in Dutch)

Protection and Benefits

In general Belgian labour law is extremely protective and covers all aspects of job security and guaranteed income. The principal piece of legislation is the Contracts of Employment Act of 3 July 1978. This Act combines previously separate laws relating to manual workers, white-collar workers, sales personnel, domestic workers and students.

Collective agreements

Belgium has a minimum wage, which is regularly reviewed. In addition, unions and employer's representatives fix wage levels in many industries via collective agreements. These collective agreements (Negociation Collective/Collectief Onderhandelen) often extend to other benefits for workers such as holiday bonuses and healthcare. Any such benefits would normally be detailed in a written contract.

Every two years a multi-industry body meets to agree a framework for all collective agreements. Many such agreements are then extended by royal decree to become generally binding on all employers in a sector or geographical area.

Termination of Employment

Anyone who loses a job has a right to unemployment benefit. However, under Belgian regulations this will only be paid if the required number of days have been worked during a qualifying period. Benefit can also be paid to those employed on temporary contracts if they meet the qualifying conditions. Where a certain percentage of the workforce in a business are made redundant, collective agreements entitle them to compensation over and above the normal unemployment benefit. This does not apply if a business is forced to close.

The self-employed do not qualify for unemployment benefit.

Dismissal because of misconduct or resignation means no benefit entitlement under normal circumstances.

Termination of a contract depends on the contract type. A permanent/open-ended contract can be terminated at any time by either party by observing the period of notice as laid down by law. For manual workers in most cases this is 28 days (when the employer gives notice). For white-collar workers the amount of pay, the employee's length of service and whether it is the employer or employee giving notice determine the length of the notice period.

Other types of contract with a specified end date, for example fixed-term contracts, can only end after the specified date or on completion of the work agreed. Thus a degree of security is also provided with these contracts.