Employment laws & practices

If you are in one of the following situations, you may be in need of reliable information:

You are about to set up a subsidiary operation in Belgium and need help in setting up a structure that complies with all the relevant social security and labour law requirements (agency registrations and employment-related documents)
You want your company’s trading activities to be properly structured and registered, plus you need advice on drawing up the appropriate documents, such as employment agreements, work regulations and agreements with self-employed workers
You need to deal with individual dismissals or collective redundancies, but are unsure of which legal procedures and protocols to employ
You require help in drafting a wide variety of contracts (e.g. local contracts, secondment contracts, global employment contracts, consultancy agreements, etc.) as well as policy documents (e.g. company car policies, stock option plans, IT policies, etc.
You have recently expanded your workforce and find you need information on the rules governing companies over a certain size
You are about to employ a non-EEA national in Belgium and would like to know about the work permit and residence permit requirements that apply in such a case.

Key information you will find in this section:

Labour environment

Availability of labour
Skilled and semi-skilled labour is relatively easy to find in Belgium. Technical and professional personnel are widely available.

Employer/employee relations
Employer/employee relations are governed by strict labour laws, royal decrees, regional decrees, collective labour agreements, work regulations and individual labour contracts.

Workers' representation

Trade union chapter – The trade union chapter is an employee delegation formed by a trade union and has the right to be heard in cases of individual conflicts
Works council – The works council plays an advisory role and has the right to receive information on the business operations of the company. Elections of employee representatives to the Council must be organised in each company that employs an average of 100 people or more
Committee for prevention & protection – The committee's role is to assess the risk of occupational accidents and to advise on safety measures. Elections of employee representatives to the Committee must be organised in each company that employs an average of 50 people or more

More information on the labour environment

Social documents

Each employer has to draw up and keep certain "social documents" (i.e. employment and social security-related documents) in order to allow the Social Inspectorate (i.e. the government inspectors checking employment and social security issues) to verify whether the employer is in compliance with the law.

Labour conditions

Contract of employment
A contract of employment can be agreed upon verbally or may be set down in writing. However, certain contracts must be in writing, mainly those for a fixed term or for a defined job of work, or for part-time employment or home working or with a student.

Works regulations
Works regulations are compulsory when a company has employees. Each employee must be provided with a copy of them, and they also have to be posted up in the company's premises.

Salary and benefits
Fixed minimum hourly wages for blue-collar workers and minimum monthly salaries for white-collar workers are stipulated by collective labour agreements for most industries.

Use of languages
In Belgium, the language used in the firm's employment relations depends on the location of the employer's place of business, not the location of the registered office.

Non-Discrimination
Belgian employment law contains a number of general and specific non-discrimination rules relating to the equal treatment of men and women and the equal treatment of part-time and full-time work.

Health and safety
The purpose of the Committee for Prevention and Protection is to ensure employees' health and safety in the workplace.

Companies with an average of 50 employees or more must appoint a Health and Safety Adviser with the prior agreement of the Health and Safety at Work Committee. For companies with fewer than 20 employees, this role can be taken on by the employer alone.

More information on labour conditions

Social security

Social security system for employees
As a general rule, the Belgian social security system applies to employees (including foreigners) employed in Belgium whose employer is established in Belgium or, if established abroad, has a place of business in Belgium to which the employees are attached. It offers a wide range of benefits (sick leave, unemployment, medical benefits, etc.).

Social security system for self-employed individuals
The contributions paid by persons whose main occupation constitutes a form of self-employment represent a percentage of their net earned taxable income in a given reference year.

More information on social security

Payroll costs

Social security contributions
Social security benefits are financed by contributions paid by both employers and employees to the National Social Security Office. No cap applies to the pay on which contributions are calculated.

Reductions
Various job-promotion measures limit social security contributions or exempt employers from having to pay them. One general measure reduces social security contributions generally for all employees subject to the Belgian social security scheme. This is called a "structural reduction".

More information on payroll costs

Foreign personnel

Work permits
Non-EEA nationals need a work permit to be able to be employed in Belgium.
Until 30 April 2009 (transitional period), nationals of the new EU Member States (other than Cyprus and Malta) that joined on 1 May 2004 also require a work permit.

Residence permits
All non-EEA member state nationals intending to exceed 90 days' residence within a period of 6 months require a residence permit.

Professional cards
A professional card is required for each person who wishes to carry on self-employed activity in Belgium but who is not a national of Belgium or one of the member states of the EEA and Switzerland.

More information on foreign personnel

Need further information? Our experienced professionals can provide creative and innovative solutions to all your HR law problems. We will provide you with the benefit of our comprehensive knowledge and understanding of national and international social security law, employment law, immigration law and personal tax.