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Non Employment Certificate for Belgium

Non Employment Certificate Template for Belgium

A formal document governed by Belgian law that officially certifies and confirms the non-employment nature of a working relationship between a company and an independent service provider. This certificate serves as a legal declaration that the relationship between the parties is not one of employer-employee, but rather a business-to-business arrangement. The document addresses key aspects of Belgian employment and social security legislation, including the criteria set forth in the Programme Act of 27 December 2006, and provides clear documentation for tax and social security purposes.

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Non Employment Certificate

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What is a Non Employment Certificate?

The Non Employment Certificate is a crucial document in the Belgian business environment, where the distinction between employment and independent contractor relationships is strictly regulated. This document is typically used when companies engage independent contractors, freelancers, or consultants and need to formally document the nature of the working relationship. It serves multiple purposes: providing clarity on the business relationship's nature, supporting compliance with Belgian social security and tax regulations, and offering protection against potential misclassification claims. The certificate is particularly important given Belgium's comprehensive legislation on working relationships, including the Programme Act of 2006, which sets specific criteria for determining employment status. Companies often require this document for their records, while service providers may need it for their administrative and legal documentation.

What sections should be included in a Non Employment Certificate?

1. Declaration of Non-Employment: Clear statement confirming that no employment relationship exists or existed between the parties

2. Parties Identification: Full details of both the company/organization and the individual, including registration numbers and addresses

3. Period of Service: Specification of the timeframe during which services were provided or will be provided

4. Nature of Relationship: Description of the actual working relationship and its independent contractor nature

5. Confirmation of Independence: Specific statements confirming the independent nature of the work performed, including control over work methods, timing, and resources

6. Tax and Social Security Status: Confirmation that the individual is responsible for their own tax and social security arrangements

7. Governing Law: Statement that the certificate is governed by Belgian law

What sections are optional to include in a Non Employment Certificate?

1. Description of Services: Detailed description of the specific services provided, used when clarity about the scope of work is needed

2. Payment History: Overview of payment arrangements and confirmation of settlement, included when the certificate is issued after service completion

3. Non-Competition: Additional declarations regarding any non-compete obligations, included when relevant to the business relationship

4. Intellectual Property Rights: Statements about ownership of work product, included when intellectual property was created during the service period

5. Future Engagement: Statements about potential future engagements, included when parties want to address possibility of future collaboration

What schedules should be included in a Non Employment Certificate?

1. Schedule 1 - Service Details: Detailed list of projects or services performed during the period

2. Schedule 2 - Payment Records: Summary of payments made and confirmation of settlement

3. Appendix A - Supporting Documents: Copies of relevant registration documents, VAT numbers, or business licenses

4. Appendix B - Original Contract Reference: Reference to any existing service agreements or contracts between the parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Technology

Professional Services

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Creative Industries

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Healthcare

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Relevant Teams

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Finance

Operations

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Risk Management

Contract Administration

Business Development

Executive Leadership

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Project Manager

Finance Director

Operations Manager

Compliance Officer

Risk Manager

Contract Administrator

Business Development Manager

Department Head

Managing Director

Chief Financial Officer

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HR Business Partner

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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