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Written Agreements

In Belgium, a written contract can be on paper or in electronic format. The employment contract must be in writing in the following cases:

• A fixed-term employment contract or a contract for clearly defined work
• A replacement contract
• Part-time work contract
• An employment contract of student occupation
• Occupancy contract for a homeworker
• Temporary employment contract

Permanent contracts can be made in writing or orally.

Oral Agreements

In Belgium, employment contracts can be formed orally or in writing. In the absence of a written document, proof of the conclusion of an employment contract and the rights and obligations of the parties may be provided by witnesses. In such a case, the testimonial evidence is admitted regardless of the value of the dispute. Written contracts are mandatory while concluding fixed-term contracts or temporary contracts. Permanent contracts can be made orally.

Implied Agreements

The Civil Code of Belgium states that a contract can be concluded by the mere agreement of the parties without its validity being subject to any formal requirement. A contract is not only binding on what has been agreed therein, but also on all consequences attributed to it by law, good faith or custom, according to its nature and scope. The burden of proof of existence of a contract falls on the employer.

In Belgium, all working and rest time regulations are based on a default working time arrangement considered "normal" or at least common practice. These general rules are subject to derogations, sectoral or sometimes individual, making it possible to adapt to the specific needs of companies, activities, and workers.

The working hours regime considered to be "normal" (which can also be defined as the regime not requiring the application of any derogatory provision) is a regime in which:

• Working hours are limited to eight hours per day and 40 hours per week (38 hours per week annually).
• The workweek runs from Monday to Saturday (at the latest).
• Work is not completed at night (between 8 p.m. and 6 a.m.).
• Employees do not work on public holidays.

Belgium's Labor Law allows employees to work a 4-day workweek. However, employees are still required to work 38 hours minimum per week, thus creating extended workdays.

Teleworking is no longer required unless dictated by collective labor agreements or existing agreements, and appropriate measures, including social distancing, must be taken to ensure employee safety.

Employers who permit employees to continue teleworking must conclude an agreement meeting specific requirements. The agreement is valid until either party wishes to end the arrangement.

As of January 1, 2023, Companies that employ more than 20 employees cannot require employees to be online or work after regular hours.

• New Year's Day - January 1
• Easter Monday - date subject to change every year
• Labor Day - May 1
• Ascension - date subject to change every year
• Whit Monday - date subject to change every year
• National Day - July 21
• The Assumption - August 15
• All Saints' Day - November 1
• The Armistice - November 11
• Christmas - December 25

Belgian employment law has prohibited the use of probationary periods since 2014, with the exception of student occupation contracts, temporary contracts, and interim work (temporary work provided by a third-party agency) contracts .

Notice Period

For employment contracts concluded after January 1, 2014, there is no distinction between employees and workers regarding notice of dismissal. The notice period depends on the duration of service and ranges from 1 week to 65 weeks in case of dismissal and from 1 week to 13 weeks in case of employee resignation. In the case of employment contracts concluded before 2014, there were different notice periods for workers and employees. The notice period for workers ranges from 4 weeks to 16 weeks. The notice period for lower-level employees (with a gross annual salary of under EUR 32,254) is 3 months per 5 years of service. The notice period for superior-level employees (with an annual gross salary above EUR 32,254) is 1 month per 5 years of service. For service beyond January 1, 2014, the notice period is calculated with the new general scheme and added to the prior notice period.

Severance Benefits

The severance indemnity is equal to the remuneration corresponding to either the notice period or part of the period remaining to be paid. The severance payment includes salary as well as benefits.

Minimum Wage

Effectively, there are 3 different types of minimum wages: public sector, private sector, and category-specific minimums based on the collective bargaining agreements. Minimum wages for public sector employees range from EUR 2,087.57 to EUR 3,464.89 per month, depending on employment class and experience. Other wage structures exist for students and employees under 21. These wages are linked to the central health index and increase by 2% when the health index increases by 2% or higher.

Collective Bargain Agreement No. 43 (CAO 43) sets out the new minimum wages as EUR 2,029.18 per month (RMMM, or guaranteed minimum monthly income), effective April 1, 2024. Any higher wages set forth by collective bargaining agreements remain unaffected by the new wage minimums. The private sector minimum wage for students and other employees 16-21 is determined based on specific percentages of the monthly base wage.

Minimum amounts of remuneration are laid down per sector by the competent joint committees. The collective agreements concluded within these committees include provisions designed to determine the general basis for calculating the remuneration conditions based on the various levels of qualifications and posts. Sectoral minimum wages cannot be lower than the RMMM. For more information on industry-level gross wage levels, refer to the "Remuneration" resource in the references section.

Overtime, Holiday & Vacation Pay

Overtime is paid at least 50% higher than regular pay on regular days and 100% when on a Sunday or holiday.

Office employees are entitled to a holiday bonus of 1/12 or 92% of the gross salary for the month in which their annual leave starts, multiplied by the number of months worked in the holiday credit year (previous calendar year).

Visas

Belgium is part of the Schengen Agreement and the following types of visas are available for travel and stay in Belgium:

• Short stay visa - for stay up to 90 days, requested for tourist visit, family or friend visit, cultural or sports event, business trip, short internship and transit through the Schengen territory
• Long-stay visa - for more than 90 days' stay in Belgium

Work Permits

To employ a non-European national in Belgium, it is generally necessary to apply for a work permit. The employee's remuneration must comply with Belgian regulations. As of October 1, 2024, only the basic monthly remuneration is considered, and it is based on the percentage of the average gross monthly salary in the Brussels Capital Region of EUR 4,604.

Regional offices issue work permits. To work for more than 90 days, employees must apply for a single permit (work permit + residence permit) via their employers, submit an employment contract, a certificate showing no criminal record, and a medical certificate proving the employee has no communicable diseases. If the Region and the Foreigners Office grant the work permit and the residence permit, the third-country national will receive a single document certifying that he is authorized to stay for more than 90 days in Belgium to work there (single permit). Single Permits can also be issued for indefinite duration after a third-country national has lived and worked in Belgium for at least 4 years.

Employees who work for less than 90 days must apply for a "short-term work permit." This permit is valid for working with a particular employer.