employment contract

The Belgian authorities have collected all you need to know about the different types of employment contracts. 

In short there are four major categories of labors:

1. Blue-collar workers

2. Employees

3. Sales representatives

4. Domestic workers

The types of contracts varies according to:

1.  The nature of work (manual or intellectual)

2. Duration (open-ended or fixed-term)

3. Working time (full-time or part-time)

Depending on these factors, you will receive a specific type of employment contracts that might focus on certain features.

An employment contract should clearly state your salary and also remuneration. Such policy can vary from company to company, however, it is vital to ensure that the benefits are well-negotiated before starting with the job.

In Belgium, remuneration can appear in rather different methods, such as an electronic meal voucher or an eco voucher which allow you to purchase certain household items without having to pay full prices. 

For clarification, these vouchers are not connected to your social-security contributions or taxes.

We have a strong tradition of social dialogue and protecting interests and rights of employees. Especially as an expat, it is important to be aware of such regulations and protect your rights when needed.

There are quite an amount of entities and agencies dedicated to helping expats with job search. Here are some suggestions we would like to offer:

1.  VDAB is the governmental institution dedicated to labor market research. However, there are some requirements for using their services, and for legal reasons, their website is only in Dutch.

2. Luckily, VDAB also makes a website particularly for non-Dutch-speaking job seekers.Check the website Work in Flanders.

3. On a larger scale, there might also be some interesting opportunities on the website of EURES which is a shared portal for EU member countries on their open job opportunities. However, it is required to have a valid EU ID to access the data and sign up as an applicant.

4. Besides, there are also many agencies that are located in some major cities, such as ACCENT, Hays, Randstad, etc. In some cases, you might need to pay a fee to use their services, and depending on the Industry you are searching for, there might be some dedicated agencies in your interest.

A permanent contract is an employment agreement with no set end date. It continues for as long as both the employer and employee wish to keep working together. This type of contract is considered the default in Belgium. In fact, if no end date is mentioned in your contract, the law automatically considers it a permanent one.

Although it’s legally possible to agree on a permanent contract verbally, it's always best to have it written down. A written contract helps avoid misunderstandings and serves as proof of what was agreed.

Why Is It Preferred?

Permanent contracts are valued for the stability and protections they offer. Employees on these contracts are generally better protected under Belgian labor law. They also benefit from greater access to things like unemployment insurance, social security, and other entitlements.

For international workers or students transitioning into the Belgian job market, a permanent contract can offer a sense of security and long-term perspective.

Ending a Permanent Contract

A permanent contract can be ended by either the employer or the employee. However, certain rules apply, particularly around notice periods.

If one side wants to end the contract, they usually need to give advance notice. The length of this notice period depends on how long the employee has been working in the role. For example, someone who has been with a company for six months might have a six-week notice period. There’s also an option to end the contract immediately, but this requires paying compensation instead of waiting out the notice period.

There are also some special situations. For example, if an employee finds another job after being dismissed, they can shorten their remaining notice period under certain conditions.

What About Dismissals?

If an employer wants to dismiss someone on a permanent contract, they usually need to provide a valid reason. Dismissals must comply with Belgium’s legal rules, which are designed to protect employees from being let go without just cause. At the end of the employment, the employer must also provide official documents confirming the period of work and the nature of the job.

A fixed-term contract is one that includes a specific end date or links the end of the employment to a foreseeable event. By contrast, a contract for clearly defined work does not specify a timeframe but rather outlines a specific task to be completed. For example, someone might be hired to sort fruit during the harvest season or work on a film project as an actor. Both types of contracts must be drawn up in writing for each employee, and this must be done no later than the day the employee starts working. If no written agreement is in place, the contract is automatically treated as one of indefinite duration, meaning the employee would have all the protections of a permanent worker. There are exceptions in some sectors, such as for casual workers in hospitality or dock work, where collective agreements allow more flexible arrangements without a written contract. 

To prevent abuse of temporary contracts, Belgian law sets clear rules. If an employee is given several back-to-back fixed-term or specific-task contracts without any break (unless that break is the employee’s fault), the law assumes the job is permanent—unless the employer can prove otherwise. That said, employers can still use successive contracts under certain conditions. One option allows up to four contracts within a two-year period, as long as each lasts at least three months. Another option, which requires prior approval from the social inspection authority, allows contracts of at least six months each, up to a total of three years. If these time limits are exceeded, the contract is once again presumed to be open-ended. Ending the Contract Contracts for a fixed term or specific work come to a natural end when the term expires or the task is complete. No notice is required. However, if the employee continues working beyond that point, the relationship is considered ongoing and subject to the same conditions as a permanent contract. Unilateral termination before the end date is possible, but the standard rules on notice and compensation apply—unless specific arrangements have been made in writing. 

A replacement contract is used when an employee temporarily steps away from work—for example, due to illness, maternity leave, or a time credit scheme. These contracts are only valid when the replaced employee’s contract is suspended, not terminated. That means you can’t use a replacement contract to fill a role left by someone who retired or was dismissed. To be legally valid, a replacement contract must be put in writing before the replacement employee begins work. The contract must clearly state the reason for the replacement, the identity of the person being replaced, and the expected duration and termination terms. Replacement contracts are usually limited to a maximum duration of two years. This limit still applies when several replacement contracts are issued in succession—unless the employee is covering someone on a career break or time credit. In such cases, longer periods may be allowed. If the employee returns earlier than expected, the replacement contract can end immediately or with a shortened notice period, provided that this was agreed upon in the contract. Otherwise, the usual rules for termination apply. If the replacement contract ends for another reason, normal notice and compensation obligations remain in force. 

When a fixed-term contract is used to replace someone, it ends on the agreed date, regardless of whether the original employee returns. No exceptions to this rule are allowed. 

Part-time work refers to employment where the worker's agreed working hours are shorter than the standard full-time hours within the company. Even though Belgian law doesn’t offer a formal definition, it generally applies to workers who voluntarily take on fewer hours on a regular basis. Importantly, part-time workers are not a separate category of employee under the law. They are subject to the same employment rules as full-time employees, although some adjustments and specific conditions do apply. 

Form Requirements for Part-Time Contracts 

Each part-time employee must have a written employment contract in place before starting work. This document must clearly outline: 

• The agreed weekly working hours; 

• The work schedule, including the days and hours of work. These schedules can be fixed or variable. If the schedule is variable, it must follow the procedures laid out in the company’s work regulations and be communicated in advance. If these formalities are not respected, the employee has the right to choose the most favorable schedule already used in the company. 

Minimum Weekly Hours and Exceptions The law sets a lower limit: part-time work must cover at least one-third of the standard weekly working time for the same category of workers in the company or sector. This is known as the “1/3 rule.” However, exceptions are possible, including for students, seasonal agricultural workers, or jobs that are inherently short or auxiliary in nature. These exceptions are typically defined in royal decrees or collective labor agreements. 

Posting and Supervision To allow for oversight, employers must ensure that part-time work schedules are available—either in printed or digital format—at the location where work regulations are accessible. This ensures transparency and enables inspection authorities to verify compliance. 

Priority for Vacancies Employees working part-time may, under certain conditions, receive priority when a full-time or more favorable part-time position becomes available. Employers must inform eligible part-time workers about such openings. Ignoring this obligation can trigger financial penalties if the employee qualifies for income guarantee benefits and the contract was signed after January 1, 2018. Non-Discrimination Principle Belgian law upholds the principle of equal treatment. This means part-time workers must be treated the same as their full-time colleagues in comparable roles, except where proportional adjustments are necessary (such as for salary or leave entitlements). Discrimination based on part-time status is not allowed unless justified by objective criteria. 

Student contracts are a specific type of employment agreement designed to help young people enter the workforce while they are still in education. These contracts provide additional legal protections and simplified termination options. 

Who Can Sign a Student Agreement? There’s no strict legal definition of “student,” but the term generally includes anyone whose primary occupation is studying—whether in secondary, higher, or university education, or preparing for a central exam board. The minimum age is 15, provided the student is no longer in full-time compulsory education. There’s no maximum age limit, but the contract must be temporary, and the student must not already be working for the same employer for over 12 consecutive months. Some categories, like evening school students or those doing unpaid internships as part of their course, are excluded from student contract eligibility. 

Formal Requirements A student agreement must: 

• Be in writing and signed by both parties; 

• Include all legally required information; 

• Be drawn up before the student starts working. 

Failure to meet these conditions can result in penalties, especially if the contract isn’t submitted to the Social Legislation Inspectorate or not declared through DIMONA. 

Trial Period and Termination The first three days of work under a student contract automatically count as a trial period, during which either party can end the contract without notice or compensation. Beyond this, a student contract can be terminated early with shortened notice periods, depending on how long the student has been working. The law provides simplified rules to make the process more accessible for both employers and students. 

Employment Period and Duration A student can be employed both during school holidays and the academic year. There's no statutory maximum duration, but once a student has worked for the same employer for more than 12 continuous months, their contract must follow the rules of a standard employment agreement. 

Working via a Temp Agency Students can also work through temp agencies. In that case, the agency is the legal employer, and the company where the student works (the user) is responsible for day-to-day supervision and compliance with labor rules. Wages Student wages are typically governed by sector-specific collective labor agreements. If no agreement applies, the student must be paid at least the interprofessional minimum wage, which is scaled by age. 

A flexi-job is a special type of employment contract that allows employees to take on additional work under specific conditions. To qualify, an employee must already be employed for at least 80% of a full-time position with another employer during the reference quarter. This requirement does not apply to pensioners. The flexi-job system is governed by the general rules of labour law, with certain exceptions as outlined in the law of 16 November 2015. It also adheres to regulations concerning workplace well-being. 

Who Can Work a Flexi-Job? 

To be eligible, employees must: 

• Be employed for at least 80% of a full-time position with another employer during the reference quarter. 

• Not perform a flexi-job with the same employer during the same quarter. 

• Not be in a notice period or receiving severance pay from the employer offering the flexi-job. 

• Not have switched from full-time to 80% employment during the preceding reference period.

 Pensioners: Retired individuals can also engage in flexi-jobs, provided they meet specific criteria. Notably, from 1 January 2025, a new income limit applies to certain retired workers working in flexi-jobs. For those who have not reached the legal pension age and have worked less than 45 years at the start of their legal retirement, the additional income limit is €7,876 per year. Exceeding this limit may result in a reduction of the pension amount. 

Employment Agreements Two agreements are required for a flexi-job: 

1. Framework Agreement: This written agreement outlines the terms of the flexi-job, including the identity of the parties, job description, agreed flexi-wage, and the condition of 80% employment during the reference quarter. 

2. Flexi-Job Employment Contract: This contract is concluded each time the employee performs a flexi-job. It can be oral or written and specifies the duration or nature of the work. Employers must retain both agreements at the place of employment. 

Compensation and Benefits 

• Flexi-Wage: The hourly wage must be at least equal to the sectoral scale wage for the position performed. In sectors without a scale wage, the guaranteed average minimum monthly income applies. 

• Maximum Wage: The flexi-wage may not exceed 150% of the minimum basic wage, unless a different maximum is established by a collective labour agreement. 

• Holiday Pay: Employees are entitled to flexible holiday pay amounting to 7.67% of the flexi-wage. 

• Social Security Contributions: Employees do not pay personal social security contributions on flexi-job income. Employers contribute at a rate of 28%. 

Tax Considerations For non-retired flexi-job employees, income up to €12,000 per year is exempt from taxation. Retired individuals may have different tax implications based on their total income and pension status. 

Compliance and Record-Keeping Employers must ensure compliance with all legal requirements when offering flexi-jobs. This includes maintaining proper documentation and adhering to sector-specific regulations. Regular consultations with employee representatives are also mandated to discuss the application of flexi-jobs.