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What is an Employment Contract?

An Employment Contract sets out the legal relationship between you and your employer under Belgian law. It spells out your key work conditions - including your role, salary, working hours, and benefits. Most Belgian contracts follow standard templates defined in the Employment Contracts Act of 1978, which provides different formats for blue-collar workers, white-collar employees, and sales representatives.

The contract protects both parties by clearly stating their rights and obligations. It must include specific details like your workplace location, notice periods, and any special clauses about non-competition or confidentiality. Belgian law requires these agreements in writing before your first day of work, with signed copies for both you and your employer.

When should you use an Employment Contract?

Every time you hire someone in Belgium, you need an Employment Contract in place before their first day. This applies to all types of workers - from part-time shop assistants to senior executives. Belgian law requires written contracts for new hires, temporary workers, and when promoting existing staff to new positions.

Use this contract when changing key employment terms too - like salary adjustments, role changes, or workplace transfers. Having clear, written agreements helps avoid disputes and ensures compliance with Belgian labor laws. It's particularly important for special situations like fixed-term contracts, student jobs, or roles with non-compete clauses.

What are the different types of Employment Contract?

Who should typically use an Employment Contract?

  • Employers: Companies, organizations, and business owners who need to formalize work relationships and ensure compliance with Belgian labor laws
  • Employees: Workers receiving the contract, including full-time staff, part-time workers, and specialized professionals
  • HR Managers: Responsible for drafting, customizing, and maintaining Employment Contracts according to company policies
  • Legal Advisors: Review and validate contracts to ensure they meet Belgian employment regulations and protect both parties
  • Union Representatives: May review contracts to ensure compliance with collective bargaining agreements and worker protections
  • Social Inspectorate: Government officials who verify contract compliance during workplace inspections

How do you write an Employment Contract?

  • Basic Details: Gather employee information, job title, start date, workplace location, and reporting structure
  • Compensation Package: Define salary, benefits, bonus structures, and any additional allowances
  • Work Arrangements: Specify working hours, overtime policies, leave entitlements, and flexible work options
  • Legal Requirements: Include mandatory Belgian contract elements like notice periods and social security provisions
  • Special Clauses: Determine if you need non-compete, confidentiality, or intellectual property provisions
  • Document Generation: Use our platform to create a legally-compliant Employment Contract that includes all required elements
  • Review Process: Double-check all details and ensure both parties understand the terms before signing

What should be included in an Employment Contract?

  • Party Information: Full legal names and addresses of both employer and employee
  • Position Details: Job title, duties, workplace location, and reporting structure
  • Work Schedule: Regular hours, overtime arrangements, and flexible work provisions
  • Compensation Terms: Base salary, benefits, bonuses, and payment frequency
  • Leave Rights: Annual leave, sick leave, and public holidays as per Belgian law
  • Notice Periods: Legal termination notice requirements for both parties
  • Confidentiality: Protection of company information and trade secrets
  • Governing Law: Reference to Belgian employment legislation and collective agreements
  • Signatures: Dated signatures of both parties, with space for witness signatures if required

What's the difference between an Employment Contract and an Employment Agreement?

An Employment Contract differs significantly from an Employment Agreement in Belgian law, though they're often confused. While both document work relationships, they serve different purposes and carry distinct legal implications.

  • Legal Status: Employment Contracts are formal, legally required documents that must follow strict Belgian labor law requirements. Employment Agreements are more flexible arrangements that may supplement the main contract
  • Content Scope: Contracts must include specific statutory elements like work hours, salary, and notice periods. Agreements typically cover additional arrangements or specific project details
  • Enforcement Level: Employment Contracts are directly enforceable under Belgian labor courts. Agreements may need to reference the main contract for enforcement
  • Modification Process: Contracts require formal amendments with mutual consent. Agreements can often be updated more easily with less formality
  • Duration Impact: Contracts establish the core employment relationship. Agreements usually address temporary or specific aspects of employment

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