Working in Belgium - Conclusion of contracts

The employment contract

An employment contract is a contract whereby one person (the employee) undertakes to work for another (the employer) in return for remuneration. The contract is characterised by subordination of the employee to the employer.

There are several types of contract

• manual workers' employment contracts for essentially manual activities; 
• white-collar workers' employment contracts for essentially intellectual activities; 
• domestic employment contracts; 
• student work contracts; 
• professional sportsmen's and sportswomen's employment contracts; 
• homeworkers' contracts; 
• and others.

These contracts may also vary in length and content. The following types exist: 

• permanent contracts, which are of indefinite length;
• fixed-term contracts, which specify the beginning and end of the period of employment;
• specific-assignment contracts, which end when the relevant work is finished; 
• and replacement contracts, which specify the identity and duties of the person replaced and the reason for and length of the contract (not exceeding two years).

Temporary contracts

There are also temporary employment contracts, whereby a temporary worker undertakes to a temporary employment agency to perform temporary work for a user against payment.

Other contracts

In addition, some employers offer contracts with self-employed status. These are not employment contracts proper. Such a contract should be signed only after careful reflection because the worker will be responsible for paying social security contributions and the précompte professionnel (advance tax normally deducted at source), which must therefore be subtracted from the gross amount paid by the employer. Also, a self-employed person who has entered into such a contract is not entitled to notice or compensation if the contract is terminated (unless the contract so provides), or to a guaranteed wage/salary if unfit for work owing to accident or illness.

Although this is not compulsory for permanent contracts, it is in a worker's interests to request a written employment contract. 

Some contracts must be in writing, such as: 

• student contracts, 
• fixed-term contracts or contracts for specific work,
• contracts to work as a replacement, 
• part-time contracts, 
• any temporary contract – including temporary employment contracts – and homeworking agreements. 

Probation conditions and non-competition clauses are only valid if they are in writing.

Contractual contents

Contracts usually contain the following information:

• employer's and employee's names and addresses;
• date of commencement (and where applicable date of termination) of employment; 
• place of work; 
• description of duties; 
• remuneration and method of calculation; 
• length of probationary period, if any; 
• duration of work and working hours; etc.

The Belgian working week comprises 38 hours. There must be at least 20 days' holiday (24 in the case of a six-day working week) and 10 paid public holidays.

The Employment Ministry has issued a document setting out the relevant information. Entitled 'Clés pour le contrat de travail' ('A key to employment contracts'), it is available free of charge.

Source: Belgium.be

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Text last edited on: 08/2006

Source: European Union
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