Under Belgian law, an employment contract must comply with certain conditions. Specific clauses can be included such as a trial period, a non-competition clause and arbitration clauses.
The elements of the employment contract (for instance, the nature of the work; a description of duties, if this has been set down in the contract; the working hours and the place where the work is to be performed) cannot be unilaterally modified by the employer or by the employee. The contract must be performed under the conditions, at the time and in the place agreed.
Contracts may focus on the nature of the work, duration of the contract or accomplishment of clearly defined tasks.
Nature of the work
Contracts may distinguish between three types of work:
- Blue collar workers: perform manual work.
- White collar workers: perform intellectual work.
- Sales representatives: primarily involves the search for and negotiation with potential clients.
Fixed-term employment contract
A fixed-term employment contract is one in which the parties agree that the contract will automatically end at a given point in time. This end date is defined at the time of hiring. In order to be legally valid, the contract must indicate a specific date and/or an event which should occur at a set date, after which the parties will be free of their respective obligations.
There are several consequences of this type of contract:
- The contract comes to an end when the defined term has expired, without either the employer or the worker being required to express any wish to terminate the contract.
- Should the parties continue to execute the contract after the set expiry date, the contract will then be subject to the same rules as if the contract was concluded for an unlimited duration.
In order to be legally valid, such a contract must be concluded in writing prior to the commencement of the employment. In the absence of a written document, the contract will be subject to the same rules as a contract of unlimited duration.
Contracts concluded for clearly defined tasks
This type of contract also expires at a definite point in time, but the date is uncertain, as the contract expires when the task entrusted to the worker has been completed. At the time of hiring, the subject and the scale of the work to be carried out are defined precisely enough to allow the worker to determine, during the execution of the contract, when the contract will end.
This contract is subject to the same formal rules as the fixed term contract.
Contracts of unlimited duration
This type of contract does not specify a fixed term. As the duration of the contract is not set, either party may in principle decide to terminate it at any time, subject to notification.
A contract of unlimited duration may be concluded verbally. Nevertheless, some of the clauses that such a contract may contain are only valid if in writing. A written document avoids many problems of proof.
Temporary employment contracts
Temporary labour is defined as an activity carried out within the framework of a labour contract and intended to replace a permanent worker, or to respond to an extraordinary increase in work, or to carry out exceptional work.
This type of labour contract must be concluded:
- For a fixed period.
- For a clearly defined task.
- To replace a permanent worker within the limits prescribed by law.
- In writing, no later than the date when the worker enters into service.
- Setting out the reason for replacement.
In case of termination of an employment contract, notice periods must be taken into account. The notice periods differ for white-collar and blue-collar workers. They are calculated according to the seniority of the employee.
Written notice must be given by the person terminating the contract to the other party in the form of a registered letter mentioning clearly the duration of the period of notice.
If one of the parties has committed a 'serious fault', the contract may be terminated at any time without prior notice, but within three days of the cause occurring. A serious fault is defined as an event that makes it virtually impossible for the employer and employee to continue to work together (e.g. theft, prolonged or unjustified absence from the workplace, nonpayment of salary).
An employment contract may stipulate a trial period, the purpose of which is to allow the parties to determine whether the appointment is mutually satisfactory. The trial period must in all cases be laid down in writing prior to the commencement of the employment contract. The trial period must be between 7 and 14 days for blue-collar workers. For white-collar workers a minimum period of one month applies and a maximum period of 6 or 12 months, depending on the level of salary.
In addition to the federal measures consisting mainly of an exemption from payment of social security contributions over a certain period of time, employers can also obtain grants at a regional level in Brussels.
For more information:
Actiris (Brussels Regional Employment Office)
Subsidies Department
Boulevard Anspach, 65 1000 Brussels
Tel: +32 2 505 16 12
Fax: +32 2 505 79 08
Email: info@actiris.be
www.actiris.be
Federal Public Service of Employment
Rue Ernest Blerot, 1 1070 Brussels
Tel: +32 2 233 41 11
Fax: +32 2 233 44 88
E-mail: min@meta.fgov.be
www.meta.fgov.be
