Probationary periods, also known as trial periods, are not allowed in Belgium, except for the initial three days of a temporary agency work arrangement.

As a general rule, an employee’s working time should not surpass eight hours per day and 38 hours per week. However, permanent exceptions and one-off exceptions are permitted, becoming valid when specific circumstances necessitate additional work.

Employees are typically entitled to an uninterrupted daily rest period of at least 11 hours within each 24-hour period. They also have the right to a weekly day off, usually directly following a daily rest period, ensuring a minimum weekly rest period of 35 hours. While work on Sundays is generally prohibited, certain industries and types of business are exempt from this restriction.

Various long-term working time flexibility schemes exist, enabling employees to work more than eight hours per day or 38 hours per week. Nevertheless, the maximum working time for any employee is 48 hours per week on average over a reference period.

These regulations regarding normal and additional hours, working time flexibility, minimum hours, night work, rest breaks, and rest periods (excluding the almost universal prohibition of Sunday work) typically do not apply to senior managers. Certain groups of workers with their own adapted rules due to the nature of their work may also be excluded (e.g., home workers, aircrew, and medical staff).

Employees have the option to apply for full-time work over four days without a salary reduction. Depending on the number of hours worked each week, the employer may implement this change by modifying the Work Regulations or entering into a collective bargaining agreement.

As a general guideline, overtime is not permitted in Belgium. However, in cases where it is allowed, employees are generally entitled to a pay supplement if they exceed a specified number of hours. The supplement is typically calculated at an additional 50% for overtime worked from Monday to Saturday and 100% for overtime on Sundays or public holidays. This supplement is in addition to compensatory time off, which is usually required to be granted for the extra hours worked.

Rules pertaining to working hours and overtime pay exemptions apply to specific categories of workers. This includes sales representatives, homeworkers, and employees in managerial roles or positions of trust.

Employers are not obligated to provide bonuses, although a 13th-month salary payment may be mandated depending on the applicable Collective Bargaining Agreement (CBA).

It is a customary practice to grant bonuses to employees upon meeting agreed-upon qualitative or quantitative targets within a specified reference period, commonly on a monthly, quarterly, or annual basis. The conditions and calculation of the bonus are typically outlined in a formal written bonus plan. Employers may also establish a collective bonus system tied to predetermined company objectives for the benefit of their employees.

However, employers must maintain an objectively measurable system to determine the granted benefits, ensuring compliance with Belgium’s anti-discrimination legislation.

Employees are entitled to double holiday pay, disbursed annually, with further details available in the Annual Leave section.

Termination by the employer

In principle, employers have the authority to terminate an employee at any time by providing the mandated notice or offering compensation in lieu of notice. However, the employer’s right to dismiss an employee with notice is subject to various restrictions:

• Dismissal must not have a discriminatory basis.
• Certain employees are granted specific protection against dismissal during particular periods (refer to details below).
• Employers also have the option to terminate employees without notice for a “serious reason,” referred to as “dismissal without notice.”

Employers may be obligated to provide compensation if the dismissal is deemed “manifestly unreasonable” or constitutes an “abuse of rights.”

Statement of reasons/manifestly unreasonable dismissal

Employees terminated with at least six months of service are generally entitled to receive a written statement from the employer elucidating the grounds for their termination. In cases where the employer does not voluntarily furnish the reasons for dismissal, the employee has the right to request a written statement. The employer is required to respond within two months of receiving the request, providing adequate details to enable the employee to comprehend the reasons behind their termination.

Subsequently, employees may contend that the dismissal was “manifestly unreasonable,” signifying:

• The dismissal was not based on the employee’s conduct, abilities, or the operational needs of the company, establishment, or department.
• A typical and reasonable employer would not have made the decision to terminate the employee.

Abuse of rights

Drawing on the civil law concept of “abuse of rights,” a terminated employee has the option to assert that the employer abused its dismissal authority by exercising it in a manner that markedly surpasses the right of a “prudent and diligent” employer. The abuse may stem from the grounds for dismissal or the circumstances surrounding the termination.

Dismissal without notice

An employer retains the right to promptly dismiss an employee without notice or payment in lieu under a “serious reason” (dringende reden/motif grave). This pertains to misconduct on the part of the employee that instantaneously and irrevocably renders any further working relationship unfeasible. Instances of such misconduct encompass violence or threats in the workplace, being intoxicated while on duty, engaging in sexual harassment, theft from the employer, unauthorized/unjustified absence from work, competing with the employer, or disclosing confidential information.

The employer is required to notify the employee of the immediate termination within three working days from the date the employer becomes aware of the serious reason triggering the termination. Additionally, subsequent to the termination notification, the employer must inform the employee of the reason within an additional three working days.

Resignation

Employees have the option to resign at any time by providing the employer with the requisite notice period. Alternatively, they may choose to resign immediately, without notice, in the case of a “serious reason.” Such a reason may involve actions on the part of the employer that immediately and conclusively render any further working relationship unfeasible.

Termination by mutual agreement

The employer and employee have the flexibility to mutually decide to conclude the employment relationship at any time. This type of termination is not subject to specific regulations, and the parties are at liberty to determine whether or not the employee will be provided with a compensation payment.

Collective dismissals

A collective dismissal involves the termination of employment not based on individual factors concerning each employee (e.g., not due to misconduct or incompetence) over a span of 60 days, affecting at least:

• 10 employees in companies with 21–99 employees
• 10% of the employees in companies with 100–299 employees
• 30 employees in companies with 300 or more employees

As per a national collective agreement, if an employer anticipates a collective dismissal, it is obligated to furnish employee representatives with all pertinent information and provide written notification.

Certain categories of employees are safeguarded against dismissal, prohibiting termination on specific grounds. For instance, pregnant women cannot be dismissed due to their pregnancy, and employees who have filed a harassment complaint are safeguarded from dismissal based on their complaint. Additionally, certain types of employees may only be dismissed for specific reasons stipulated by law, such as employee representatives in the works council.

Employees typically do not have a statutory right to receive a severance payment upon the termination of their employment, except in cases of certain collective dismissals.

Non-compete clauses:

Employment contracts might include a contractual non-competition clause, preventing employees from engaging in similar activities upon leaving their employer. This restriction applies to self-initiated endeavors or employment with a competitor. A non-competition clause can be established if the employee’s annual gross remuneration exceeds a specified amount. To be valid, the standard non-competition clause must:

• Be in writing
• Pertain to comparable business activities
• Have a duration not exceeding 12 months after contract termination
• Be limited to Belgian territory geographically
• Mandate the payment of a lump sum indemnity, equivalent to at least 50% of the worker’s regular gross salary over the same period

For employers operating internationally, there may be an option to expand the geographic coverage beyond Belgium.

Non-solicitation clauses:

Belgian employment agreements have the option to incorporate a non-solicitation clause, which lacks specific legislation governing its terms. However, it is crucial for employers to ensure that such a clause is not deemed abusive. An abusive clause may be identified if the advantages for the employer are deemed disproportionate compared to the opportunities lost by the employee. In practical terms, former employees are generally permitted to approach employees of their former employer, provided such actions are not construed as unfair competition, such as being intended to harm the former employer.

In 2019, the European Court of Justice affirmed the necessity for companies to establish a mechanism for documenting the working hours of their staff. Consequently, employers must institute an impartial, dependable, and easily accessible system to monitor the duration of each employee’s work.

In Belgium, trade unions do not function as distinct legal entities but are legally recognized bodies. Their primary role involves representing employees’ interests through the negotiation of Collective Bargaining Agreements (CBAs). The Belgian constitution acknowledges the individual right of employees to decide whether they want to join a trade union or not.

• The employer’s name and address
• The employee’s name and payroll number
• The designated pay period
• The employee’s working time during the designated period
• The basic pay rate per unit
• The total remuneration amount, comprising basic pay and additional elements such as pay supplements (e.g., overtime or work on public holidays), bonuses, and sick pay
• Deducted social security contributions and the remuneration amount exempt from such deductions
• The amounts of remuneration subject to income tax and those not subject to income tax
• The deducted income tax
• The net remuneration due after tax and social security deductions
• Any additional deductions
• The final net remuneration payable to the employee

Employees are entitled to a minimum of four weeks of paid annual leave within each calendar year, provided they were employed on a full-time basis throughout the preceding calendar year, which serves as the reference year. Many industries, through Collective Bargaining Agreements (CBAs), may enhance an employee’s entitlement to paid leave.

For employees who did not work or worked part-time during the reference year, their leave entitlement is generally reduced on a pro-rata basis.

The scheduling of holidays may be determined by an applicable collective agreement or the company council. Alternatively, the employee and employer can mutually agree on annual leave dates. Employees typically have the right to take a minimum of two consecutive weeks of leave between May 1st and October 31st.

If an employee is unable to take leave due to specific conditions, they retain the right to utilize these days within the two-year period following the year in which the leave should have been taken. Conditions such as accidents, illness, maternity leave, adoption leave, prophylactic leave, or foster care leave permit the transfer of leave days. It’s important to note that even if these situations arise during the leave days, they cannot be counted as part of the annual leave days.

During annual leave, employees are entitled to both “ordinary” and “double” holiday pay (vakantiegeld/pécule de vacances). Double holiday pay is an additional amount equivalent to 92% of the gross monthly salary of the employee. Those who did not work full-time in the preceding calendar year receive 1/12th of this amount for each month of work performed (or its equivalent) in the previous calendar year.

The distribution of double holiday pay typically occurs annually, often in the month when the employee takes their main holiday. However, in practice, many employers opt to pay out the double holiday pay in May for convenience in calculating the total across the entire workforce simultaneously.

Employees who are unable to work due to illness or injury are eligible for paid sick leave, provided by the employer. White-collar employees holding an indefinite-term contract or a fixed-term contract lasting a minimum of three months are entitled to receive 100% of their regular remuneration for the initial 30 days of their absence.

To qualify for paid sick leave, employees must promptly notify the employer of their absence. Additionally, they may need to provide a medical certificate, as stipulated by a relevant Collective Bargaining Agreement (CBA) or the company’s work regulations. (On the first day of incapacity, employees are not obligated to present a medical certificate, but this option is limited to three times per year.)

After the initial 30-day period, during which the employer is obligated to pay in full, employees who remain absent typically qualify for a sickness benefit set at 60% for the first year. From the second year onward, they are entitled to an invalidity benefit of up to 65%, contingent upon individual circumstances.

Employees possess the entitlement to take leave from work without experiencing a reduction in salary under the following circumstances:

• Specific family events (marriage, funeral, childbirth, adoption, holy communion, etc.)
• Fulfillment of civil duties (jury service, participation in the electoral process, etc.)
• Attendance before a court

The legislative framework outlines the reasons for and durations of such leave periods. Nevertheless, more advantageous provisions for employees may be established at the industry or company level.

Additional rules permit various forms of leave to attend to caregiving responsibilities, manage family matters, address personal affairs, and fulfill public duties. A few instances include:

• Imperative Reasons Leave: Employees are granted up to 10 days per calendar year to address unforeseeable events unrelated to work, such as the illness or hospitalization of a household member.
• Leave to care for a seriously ill family or household member is also available, with a provision for full-time leave. However, smaller companies may limit care leave to either six months of full-time leave or 12 months of part-time leave due to operational reasons.
• Palliative Care: Employees are entitled to one month of full-time leave, renewable twice, or part-time leave with reduced hours.
• Fostering Leave: Employees may be entitled to up to six days per calendar year.
• Educational Leave: The rules governing educational leave vary based on courses and regions where the employee works.

While the aforementioned leave allowances are typically unpaid, employees may qualify for specific state benefits in various situations.

Moreover, certain employees, including those with more than 24 months of service with their employer, possess the right to take extended periods of either full-time or part-time unpaid leave under the provisions of a “time-credit” scheme (tijdskrediet/crédit-temps).

Maternal Leave

Female employees are obligated to take maternity leave starting one week before the anticipated date of birth and continuing for nine weeks after the delivery. An additional five weeks may be availed either before or after the birth. Additionally, there is an entitlement to an extra five weeks of “optional” leave, typically taken before the birth. In instances of multiple births, an extra two weeks are granted. If the newborn requires hospitalization for more than seven days after birth, the employee has the right to extend her postnatal leave for the duration the child remains in the hospital, not exceeding a total of 24 weeks.

During maternity leave, the employment contract is temporarily suspended, and there is no statutory obligation for the employer to provide payment. Social security maternity benefits are provided to employees during this period, encompassing any postnatal rest days, contingent upon meeting specific criteria related to prior social security coverage and employment history. The benefit structure is as follows:

• 82% of the employee’s regular earnings for the initial 30 days of leave.
• 75% of normal earnings, subject to a cap (€170.69 per day in 2023), for the remaining duration of the leave.

Partner/paternity leave

Starting January 1, 2023, an employee who becomes a father (or, in the case of non-heterosexual couples, the non-birthing parent, provided the parents are married, in a legal cohabitation, or have cohabited for a minimum of 3 years) is entitled to 20 days of paternity leave.

The employee has the flexibility to take the leave on self-selected days within the initial 4 months following the birth.

For the initial 3 days, the employer provides the employee with payment. Subsequently, during the following 17 days, the employee receives benefits from their public health insurer (ziekenfonds/mutualité).

Parental leave

A working parent is eligible for a four-month parental leave if they have completed at least 12 months of service with their employer (in total) within the previous 15 months. This entitlement is granted on an individual basis, allowing parents the flexibility to take the leave either simultaneously or at separate times. The stipulation is that the leave must be utilized before the child reaches the age of 12, extending to age 21 if the child has a disability.

The employee has the option to take the entire leave continuously or in several distinct periods, each lasting a minimum of one month. Alternatively, with the employer’s consent, the leave can be divided into shorter periods. Full-time employees also have the choice to opt for parental leave on a part-time basis over extended durations.

While on parental leave, the employee’s employment contract is temporarily suspended, and there is no statutory entitlement to receive a salary payment from the employer. However, employees are entitled to receive a benefit that is not earnings-related.

Adoption leave

Adoptive parents have the right to adoption leave, with each adoptive parent entitled to this leave individually if a child has two adoptive parents. The standard entitlement is six weeks of leave per adoptive parent, and this is extended by two weeks per parent when multiple children are adopted simultaneously. Additionally, there is an extra entitlement of two weeks of leave per child, which can be shared by both adoptive parents in cases of joint adoption or taken by one parent. Adoption leave, comprising both the basic and additional entitlement, must be taken in a single, uninterrupted period by employees.

Training leave:

Employees working full-time in a company employing at least 20 individuals are granted five days of paid training leave annually. For employers with a staff count of at least 10 but fewer than 20 employees, the entitlement is reduced to one training day per full-time employee per year. Companies with less than 10 employees are not eligible for this provision.

Carer’s leave:

Employees have the right to take five days of unpaid leave annually for the purpose of caring for a seriously ill family member. These five days will be subtracted from the total of 10 days of unpaid leave for compelling reasons to which employees are entitled.

Belgium observes 10 nationally recognized public holidays annually. Generally, employees are not allowed to work on public holidays and are entitled to a paid day off. In cases where a public holiday coincides with a Sunday or another non-working day, the compensated day off must be provided on an alternate day. The regulations regarding working on a public holiday mirror those applicable to Sunday work.