Working in Belgium - Special categories

The most commonly used categories are those of manual workers and white-collar workers.
Trade representatives, servants and domestic staff have different rules according to the content of the contract. Talk to the competent services in Belgium.

Au-pair: is not seen as an employment contract in Belgium. No social security or tax is paid. Household work is not permitted.

Artists: may be employed or freelance. The status of 'artist' was recently introduced to clarify the position of those practising this profession, which was vague until recently.

Fruit sector: standard employment contracts, although with lower deductions for social security.

Child labour

Children under the age of 15 or 16 may not work. Children must also have completed the first two years of full-time secondary education.

Individual variations may be permitted to allow children to participate in cultural, scientific, educational or artistic activities. These individual variations must be applied for using the forms available from the Inspection des lois sociales (Social Acts Inspectorate).

Students

Only the following may enter into a student work contract: young people aged 15 and above who attend school on a full-time basis; students who are not obliged to attend school and who are therefore on the job market (they may if desired begin other studies at a later date); only during holidays, young people aged 15 or over who are in part-time education and who do not receive temporary allowances may engage in student work.

Depending on the nature of the work, the student contract will be a contract for a white-collar worker, manual worker, trade representative, or servant.

The contract must be in writing and particular to each student and contain the following information at the time the student enters service: 

• the identity, date of birth, place of residence and address of the parties; 
• the dates on which the agreement begins and ends and the place of performance; 
• a clear description of the job; 
• the daily and weekly working hours; 
• pay with method of calculation; 
• the payment date; 
• where applicable a probation period (1-7 calendar days); 
• the place of work; 
• the competent joint committee.

When starting work, the student is entered in the staff register and is given a copy of the rules of procedure. Students are not allowed to carry out work that is beyond their physical or psychological abilities.

There are also requirements in terms of type of work, number of days worked, partial ban on night work, pay, sick pay, social-security contributions and seasonal work.

Students from the European Economic Area are governed by the same regulations as Belgian students.

Professional sportsmen and -women

Anyone who prepares for or participates in a competition or sporting event under the supervision of another person and whose annual salary exceeds EUR 7,553 is considered to be a sportsman or -woman. The sportsman/woman is assumed to be bound by an open-ended employment contract, unless demonstrated otherwise.

Home work  

must be via a standard employment contract. To be valid, the employment contract must be in writing at the time execution of the contract begins.

The law distinguishes between employees paid per assignment and those paid a lump sum. The home-worker has priority when it comes to obtaining a full-time position within the company, under the same conditions under which a part-time employee can apply for a full-time position.

Text last edited on: 08/2006

Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.