There are mainly two types of contracts in the Belgium.

Fixed-term employment contracts are a common type of employment agreement in Belgium, allowing for a temporary employment relationship with a defined duration. They offer flexibility for both employers and employees in various situations, such as seasonal work, project-based assignments, or temporary replacements. The ability of parties to enter into multiple consecutive fixed-term employment contracts is restricted by the Employment Contracts Act.

A fixed-term employment contract will automatically convert into an open-ended(permanent) employment contract if either the following occurs:

• A chain of temporary employment contract covers 24 months or more.
• A chain of three fixed-term employment contracts is continued.

Permanent Contract: The contract is concluded for indefinite period. Permanent employment contracts are the most common type of employment agreement in Belgium. They establish an indefinite employment relationship, meaning there's no predetermined end date. This type of contract offers stability and security for both employers and employees.

• Indefinite Duration: There is no fixed end date to the contract.
• Termination: Either the employer or employee can terminate the contract, subject to certain conditions and notice periods.
• Notice Periods: The notice period required for termination depends on the employee's length of service and other factors.
• Just Cause: In general, an employer can terminate a permanent contract without notice if there is a "just cause," such as serious misconduct or incapacity.
• Unfair Dismissal: Belgian law protects employees against unfair dismissal. If an employee believes they were dismissed unfairly, they can file a claim with the labor court.
• Collective Bargaining Agreements: The terms and conditions of permanent employment contracts may be subject to collective bargaining agreements in certain industries or sectors.

In both types of the contract mentioned above, the following points should be specified in the employment agreement.

• The parties' names and addresses, the location of the work to be done, the position, and a job description.
• The date of hiring.
• If the job contract is for a set amount of time, the time frame.
• The annual leave entitlements or the formula used to determine the annual leave allowance.
• The length of the notice periods that must be observed by the parties or how these periods are determined.
• The salary and the frequency of payments.
• The normal number of hours worked each day or each week.
• The collective bargaining agreement, if any.

Belgium offers a comprehensive social security system that provides a wide range of benefits to its employees. These benefits are typically funded through contributions from both employers and employees. Here are some of the key employee benefits available in Belgium:

• Paid Time Off: All employees are entitled to a minimum of 20 paid vacation days per year
• Sick Leave: Employees are entitled to paid sick leave for a specific period, with a percentage of their salary covered depending on the duration of illness.
• Pensions: Employees contribute to a mandatory pension system. The amount of pension benefits received depends on the employee's earnings and length of service.
• Healthcare: Belgium has a universal healthcare system that provides coverage for most medical expenses. Employees contribute to the system through payroll taxes.
• Unemployment Benefits: Employees who lose their jobs may be eligible for unemployment benefits. The amount and duration of benefits depend on factors such as the employee's previous earnings and length of service.
• Disability Benefits: Employees who become disabled may be eligible for disability benefits to supplement their income.
• Maternity/Paternity Leave: Employees are entitled to paid maternity/paternity leave to care for a newborn child

Public Holidays:

Some regions in Belgium may have additional public holidays specific to their areas. The dates for Easter Monday, Ascension Day, and Whit Monday can vary each year depending on the lunar calendar.

Annual Leaves:

The minimum number of paid annual leave days in Belgium is 20 days per year for employees working a standard 40-hour workweek. However, the actual number of days can vary depending on:

• Length of service: Employees with longer service may be entitled to more annual leave.
• Collective bargaining agreements: Industry-specific agreements may provide for additional annual leave days.
• In the case of interim commencement or termination of the employment, the number of holidays is determined pro rata with the number of months the employee is determined to have been employed.
• Holidays should be used during the contract period.
• A maximum of 5 holidays can be transferred to the next year.
• Not taken holidays will expire 6 months after the year they have been built up.

Sick Leaves:

Sick leave is generally paid time off granted to employees who are unable to work due to illness or injury. The specific rules and regulations regarding sick leave in Belgium can vary depending on the employee's circumstances, industry, and the applicable collective bargaining agreements.

• Employees in the Belgium are entitled to receive normal salary for first the 30 calendar days following
  an illness or private accident. This is referred to as the ‘guaranteed salary’.
• Following the period covered by the guaranteed salary, the employee will receive sickness benefits from the Health Insurance Fund during his or her first year of incapacity in an amount that is 60 per cent of the employee’s capped gross remuneration.
• The employee is entitled to an invalidity allowance as of the second year if the National Sickness and Invalidity Insurance confirms his or her invalidity (the level of incapacity for work must be at least 66 per cent). This allowance amounts to between 40 per cent and 65 per cent of the his or her gross capped remuneration (depending on his or her family situation).
• It's crucial to inform the employer as soon as possible if employee is unable to work due to illness.
• The specific process for reporting may vary by company, but it often involves calling, messaging, or emailing manager and HR.
• Employer may request a doctor's note depending on the duration of your illness or the company's sick leave policy.

Maternity Leave:

• Maternity leave in Belgium typically consists of two main periods:
• Pre-natal leave: This is taken before the birth of the child and allows the mother to prepare for the arrival of her baby.
• Post-natal leave: This is taken after the birth of the child and allows the mother to recover and care for her newborn.
• Duration:
• Pre-natal leave: The duration of pre-natal leave in Belgium is generally 45 days.
• Post-natal leave: The duration of post-natal leave is generally 15 weeks (105 days).
• Pay:
• Employer: During the first 15 weeks of maternity leave, employees are typically paid by their employer. This payment is usually at least 80% of their regular salary.
• Social Security: After the initial 15 weeks, employees may be eligible for maternity benefits from the Belgian social security system. These benefits are typically paid at a reduced rate compared to the employer-provided pay during the initial period.

Paternity Leave:

Paternity leave is a period of time granted to male employees to allow them to bond with their newborn child and support their partner during the postpartum period. In Belgium, paternity leave is a legal right for all male employees.

• Duration: The duration of paternity leave in Belgium is typically a few weeks. The exact number of days can vary depending on the employee's circumstances and any applicable collective bargaining agreements.
• Paid Leave: Paternity leave is generally paid, but the amount and duration of paid leave can vary.
• Timing: Paternity leave can usually be taken within a certain period after the birth of the child.
• Flexibility: In some cases, the paternity leave may be taken in multiple periods or combined with the mother's maternity leave.

Probation periods are commonly used in both fixed-term and open-ended employment contracts in Belgium. They allow employers to assess a new employee's suitability for the role before offering a permanent or long-term position.

• Open-ended contracts (permanent contracts): The maximum probation period is 6 months.
• Fixed-term contracts:
• Contracts lasting six months or less: No probation period is allowed.
• Contracts lasting more than six months but less than two years: The maximum probation period is one month.
• The probation period must be agreed upon in writing in the employment agreement. A verbal agreement for a probationary period is not valid.
• During the probation period, both the employer and the employee can terminate the contract without notice or reason. However, termination cannot be discriminatory.

The notice period for terminating an employment agreement in Belgium depends on the type of contract and the length of employment for permanent contracts.

• Notice Period: The notice period for open-ended contracts increases with the employee's length of service.
• Minimum Notice: The minimum notice period is generally:
• 1 month for the first 5 years of service
• 2 months for 5 to 10 years of service
• 3 months for 10 to 15 years of service
• 6 months for 15 years or more of service
• Notice period in case of fixed term contracts is usually one month for the duration of 6 month or longer. In case the contract duration is less than 6 months, no notice period is applicable.
• The notice period starts on the first day of the following month after the termination notice is given (in writing).
• Failure to give proper notice: If either party fails to provide the required notice period, they may be liable to pay compensation to the other party.

Severance pay is a form of compensation that an employee may receive upon termination of their employment contract. In Belgium, the rules regarding severance pay can vary depending on the circumstances of the termination and the applicable laws and regulations.

• Just Cause: If an employee is terminated for a "just cause" (e.g., serious misconduct), they may not be entitled to severance pay.
• Unfair Dismissal: If an employee is dismissed unfairly, they may be entitled to compensation, which can include severance pay.
• Notice Period: In some cases, the employee may be entitled to severance pay in lieu of the notice period required for termination.
• Length of Service: Generally, the longer an employee has been with the company, the higher the severance pay.
• Salary: The employee's salary level is often taken into account.
• Age: In some cases, the employee's age may be considered when calculating severance pay.

Overtime pay in Belgium is generally regulated by national labor laws and collective bargaining agreements. Here are some key points to consider:

• Overtime Rate: Employees are typically entitled to a higher rate of pay for working overtime hours. This rate is often 125% or 150% of their regular hourly rate.
• Maximum Overtime: There is a limit on the maximum number of overtime hours that an employee can work per week or per month.
• Employees can voluntarily work up to 11 hours per day and 50 hours per week, and up to 100 hours of overtime per year. Voluntary overtime is paid, but employees aren't required to take compensatory time off.
• Compensatory Time Off: In some cases, employees may be able to choose to take compensatory time off instead of overtime pay.

Work injuries in Belgium are covered under the country's social security system. If an employee suffers a work injury, they are generally entitled to receive medical treatment, rehabilitation, and financial compensation.

• Notification: Employees must report work injuries to their employer as soon as possible.
• Medical Treatment: The employer is typically responsible for arranging medical treatment for the injured employee.
• Rehabilitation: If necessary, the injured employee may be entitled to rehabilitation services to help them recover and return to work.
• Financial Compensation: In addition to medical treatment and rehabilitation, injured employees may be entitled to financial compensation, including:
  • Temporary disability benefits: These benefits are paid to replace the employee's lost wages during the period of temporary disability.

• Permanent disability benefits: If the injury results in permanent disability, the employee may be entitled to a lump sum payment or ongoing benefits.
• Occupational disease benefits: If the injury is caused by an occupational disease, the employee may be eligible for specific benefits.

Step 1: Cooperation Agreement/MSA

We will share Intake Sheet to collect company information.

• Based on the data provided in intake sheet, we will prepare Cooperation Agreement/MSA for review and signature.

Step 2: Assignment Specification (Purchase Order)

We will prepare Assignment Specification based on the candidate information provided in the Intake Sheet for review and signature.

Step 3: Employment Agreement/Offer Letter

• Once the AS is signed, we will prepare draft Employment Agreement for review.
• After the approval, we will share the final Employment Agreement to the candidate for review and signature.
• We will share the final copy of the signed EA to all the parties.

Step 4: Onboarding process
We will share the following documents with the candidates for signature

• Personal Questionnaire Form
• Bank Account details form (for payment purposes)
• Medical examination form and certificate
• Health Insurance documents (Health ID Card)

Once the documents are received, we will register the employee with authorities.

Step 5: Immigration Process (If any)

• Our Finance team will share the invoice for immigration process if required.
• Once the immigration invoice is cleared, we will start the onboarding process.

• Intake Sheet (Onboarding Sheet)
• Passport Copy
• Residence permit/ Work permit (if any)
• Updated CV
• Higher Degree Certificates.
• Social Security number (if available)
• National Insurance number or equivalent
• Payroll Tax form
• Bank Account Form

Offboarding process can be classified into 4 categories.

1. Termination of a fixed term contract without extension
2. Pre mature termination by mutual consent
3. Premature termination by the employee
4. Premature termination by the employer

1. Termination of a fixed term contract without extension

• Generally, fixed-term contracts end automatically upon the expiry date or completion of the specific ask as outlined in the contract.
• If the employer decides not to extend a fixed-term contract of at least 6 months, employers are legally required to inform this decision at least one month before the end date.
• Failing to do so might entitle you to one month's salary as compensation.
• If the employee earned any holiday pay during their employment but did not take all their entitled vacation days, they are compensated financially for the unused days.

2. Premature termination based on mutual consent

• This happens because of resignation or both the parties decide to terminate the contract mutually. In any case the standard notice period should be respected.
• Termination Agreement: This is a written agreement employee and employer sign, formally ending the contract before its pre-determined date.
• No Fault Necessary: Unlike some situations, there's no requirement for fault on either side to initiate a termination by mutual consent.
• Severance Pay: Employee might be entitled to a severance package that could be higher than the transition payment.
• Notice Period: The agreement can waive or modify the usual notice period
• Final pay should include salary for the period worked during the final pay cycle, along with any accrued but unused vacation pay.
• If the employee earned any holiday pay during their employment but did not take all their entitled vacation days, they are compensated financially for the unused days.

3. Premature termination by the employee

• An employee in Belgium can prematurely terminate their employment agreement, but there are important considerations and potential consequences to be aware of.
• Unlike some countries, Belgium has mandatory notice periods that both employers and employees must adhere to when terminating a contract. The notice period for an employee resigning depends on the duration of the employment.
• Constructive Dismissal: If the employer creates a hostile work environment or makes it impossible for the employee to continue their job, the employee may be able to claim constructive dismissal. In such cases, the employee may not be required to provide notice.

4. Premature termination by the employer

In Belgium, there are strict rules around premature termination of a fixed-term or permanent employment agreement by the employer. Here's a breakdown of the situations:

Fixed-Term Contracts:

Premature termination of a fixed-term employment contract by the employer in Belgium is generally allowed under certain conditions. However, the employer may be required to provide compensation to the employee if the termination is not justified.

• Just Cause: The employer must have a "just cause" for terminating the contract before its expiration date. This typically means a serious breach of contract by the employee or a legitimate business reason.
• Notice Period: Even if the employer has a just cause, they may still be required to provide a notice period to the employee. The specific notice period can vary depending on the contract's terms and the employee's length of service.
• Compensation: If the employer terminates the contract without just cause or without providing adequate notice, the employee may be entitled to compensation. This can include severance pay, back pay, and any other damages incurred.
• Severance Pay: If the employer terminates the employment contract, employer has to pay an indemnity equal to the remuneration that should have been paid until the end of the employment contract. This indemnity may not however be higher than double the indemnity that should have been paid if the contract had been for an indefinite period.

Permanent Contracts:

Premature termination of a permanent employment contract by the employer in Belgium is generally allowed under certain conditions. However, the employer must have just cause for the termination and may be required to provide notice to the employee.

• Just Cause: The employer must have a valid reason for terminating the contract, such as serious misconduct or incapacity.
• Notice Period: The required notice period for termination depends on the employee's length of service. Generally, the longer the employee has been with the company, the longer the notice period.
• Unfair Dismissal: If the employer terminates the contract without just cause or without providing adequate notice, the employee may be able to claim unfair dismissal.
• Compensation: In cases of unfair dismissal, the employee may be entitled to compensation, which can include severance pay, back pay, and reinstatement.
• Severance Pay: If the employer fails to give adequate notice, he is liable to pay an indemnity equal to the salary and benefits (including holiday pay, bonus, thirteenth month...) that the employee would have been entitled to during the adequate period of notice, based on the last monthly salary. The same rule applies for the employee.