To start your recruitment efforts in Belgium, companies must ensure compliance with employment practices and regulations. This includes understanding standard employment contract policies and best practices.
In this guide, we will provide the necessary information you need to draft compliant employment contracts, including terms on contract extensions, standard working hours, remote work, laws on employment contracts, contract termination and more
To hire in Belgium compliantly, you must understand the employment laws and regulations governing workers’ contracts. Here are a few things you need to know:
In Belgium, verbal contracts are legally possible, but you must be aware of the specific requirements for written employment contracts. These requirements include clauses such as non-compete, notice, and trial period, as well as specific contracts like part-time, fixed-term, and work from home arrangements. The employment law in Belgium also regulates various aspects of employment contracts, including provisions related to working time, holiday entitlement, termination notice, and grounds for termination.
Employers in Belgium must also understand the recognised types of employment contracts, such as open-ended contracts, fixed-term contracts, part-time contracts, and temporary agency work contracts, to establish clear terms and conditions of employment.
It is no longer permissible to insert a trial period into an employment contract, except in an employment contract for students, temporary work, or interim agency work.
This restriction applies broadly to standard employment agreements, prohibiting the inclusion of a probationary phase. However, exceptions are made for contracts that are specifically for student employment, temporary positions, or those facilitated by staffing agencies, where a trial period is still allowed.
Belgium’s employment law mandates work regulations that cover various aspects, such as disciplinary measures, work schedules, grievance procedures, and policies on alcohol and drug abuse. Moreover, it is also mandatory to have a written health and safety policy in place, which may include a global prevention plan, a yearly action plan, a dynamic risk prevention system, and risk analysis.
In Belgium, there is no requirement to lodge employment contracts with or seek approval from any third party. It is necessary to transmit copies of the work regulations and their annexes, along with any modifications, to the labour authorities.
When hiring workers in Belgium, the primary type of contract, or default option, is an open-ended (or indefinite) employment contract. While fixed-term contracts are permissible, it is important to establish a written agreement prior to the commencement of employment. Failure to meet this requirement can result in the fixed-term contract being automatically considered indefinite. Additionally, if an employee continues to work without a valid extension after the completion of a fixed-term contract, it will be considered a continuation of the existing contract.
In general, if the parties immediately sign another fixed-term contract without a break at the conclusion of a fixed-term contract, it is considered an indefinite-term contract. However, there are exceptions to this restriction on consecutive fixed-term contracts:
Both employers and employees have the right to terminate a fixed-term contract early for a “serious reason.” If there is no reason, the guidelines for early termination are as follows:
The new Book 5 of the Civil Code, which came into effect on January 1, 2023, applies to contracts entered into as of that date. This includes agreements with independent contractors. It introduces several changes, including a “hardship” principle, a prohibition on unfair clauses, and the recognition of unilateral rights in cases of breach of contract. However, the specific rules regarding contract extension, renewal, and tenure might depend on the terms of the individual contract and the nature of the work.
Employment contracts can include contract renewal clauses to handle the extension or termination of the current agreement. The process of renewing an employment contract in Belgium can vary depending on the specific terms and conditions outlined in the initial contract. While the law does not have specific regulations regarding the renewal of employment contracts, there are general practices that employers and employees typically follow.
In most cases, when an employment contract nears its expiration date, both the employer and the employee may engage in discussions to determine whether they want to renew the contract or make any changes to the terms of the agreement. If both parties agree to renew the contract, they will need to negotiate and agree upon the terms of the renewal, including the duration, responsibilities, and any modifications to the existing contract.
During the renewal process, it is important to review the original contract and ensure compliance with labour laws. It is also advisable to seek legal advice or consult with relevant authorities to ensure that the renewal process adheres to any specific requirements or legal obligations.
In Belgium, there is no specific provision for an automatic renewal clause for employees with standard employment contracts. Employment contracts in Belgium are typically either for an indefinite period (open-ended contracts) or for a fixed-term (contracts with a specified end date or linked to a specific task or project).
To ensure compliance, employers must carefully review and understand the terms and conditions of the existing employment contract, including any clauses related to renewal, termination, or notice.
Starting May 8, 2023, a new article of the 1978 Act on Employment Contracts has come into force. This article introduces rules specifically addressing the combination of consecutive fixed-term contracts and replacement contracts. These rules generally limit the combined duration of consecutive fixed-term contracts and a replacement contract to a maximum of two years.
However, an exception applies if the parties first agree to consecutive fixed-term contracts, followed by a replacement contract. In this case, the total duration of all contracts cannot exceed three years. For example, if an employer has planned four consecutive fixed-term contracts totalling a maximum of two years but intends to replace the employee at the end of the fourth contract, they can sign a replacement contract as long as the total duration of all contracts does not exceed three years.
To ensure compliance and clarity, it is important to have both fixed-term contracts and replacement contracts agreed upon in writing before they come into effect.
The notice period for a fixed-term contract may vary depending on the circumstances and the duration of the contract. Generally, fixed-term contracts do not require a notice period for termination unless it is explicitly mentioned in the contract itself. However, if a fixed-term contract is terminated prior to its agreed-upon end date without a valid reason, the party terminating the contract may be required to pay a compensation fee to the other party.
To terminate a fixed-term contract in Belgium, the contract typically expires automatically on the agreed-upon end date, and no formal notice of termination is required. In cases where either party wishes to terminate the contract before its agreed term without a valid reason, a compensatory fee may need to be paid to the other party.
There is typically no severance pay for fixed-term contracts. However, in case of termination before the agreed end date without a valid reason, the terminating party may be required to pay a compensation fee to the other party. This compensation fee serves as a form of compensation for terminating the contract prematurely.
According to the labour laws in Belgium, the maximum legal work hours per day in Belgium is eight hours. Work should generally be performed between 6 a.m. and 8 p.m. due to the ban on night work. The standard working week in Belgium is 38 hours. However, some sectors may have lower maximum working time limits per week based on collective bargaining agreements. Workers, unless they hold a managerial or senior execution position, are eligible for overtime pay for any hours worked beyond this limit.
For shift work, you can work up to 11 hours per day, with a maximum of 50 hours per week; for continuous work, you can work up to 12 hours per day. Employers can also establish flexible working time schedules, provided that the average weekly working hours over a quarter or year remain at 38 hours. Keep in mind that the minimum daily working time is three hours, although a statutory exception exists.
Employees on full-time contracts, which allow up to nine hours per day and 38 hours per week, are subject to regulated working hours. These limits can only be exceeded under certain conditions, such as a significant increase in workload or urgent tasks arising from unforeseen events.
Overtime work must be compensated in two ways:
Monday – Friday
Students in Belgium can work up to 600 hours annually with reduced social security contributions. There was a recent change that increased the limit from 475 hours to 600 hours, allowing students to work more hours while still benefiting from reduced contributions and other student work advantages.
According to the law, employers must provide a monthly, tax-free work from home allowance to both full-time and part-time employees who work remotely on a regular basis (at least one day per week or five days per month). The maximum tax-free allowance stands at 148.73 EUR per month. This allowance can encompass various office-related expenses, including insurance, office space usage, snacks, maintenance, property tax, office supplies, printer and computer equipment, utilities, and additional reimbursements or provision of equipment.
Additionally, employers in Belgium with 20 or more employees must adhere to legislation mandating the inclusion of the right for employees to disconnect after working hours in either company Collective Bargaining Agreements (CBA) or in company-level policies and regulations. These guidelines are designed to ensure the respectful use of digital tools, safeguarding employees’ resting times, holidays, and private or family lives. We encourage companies to implement training and awareness plans to educate employees and managers on the responsible use of digital tools and the associated risks of over connection.
There is no remote work visa specifically designed for digital nomads in Belgium. Non-EU foreign nationals who wish to work remotely in Europe for an extended period can opt to stay in Belgium with a short-term visa. EU citizens planning to enter Belgium for remote work purposes generally do not require a visa if their intended stay is less than 90 days.
Work authorisations, on the other hand, are not required for nationals from the European Economic Area (EEA) and Switzerland when it comes to remote work in Belgium. However, for individuals outside of the EEA and Switzerland, it is advisable to check with the Belgian immigration authorities or seek legal advice to ensure compliance with the specific requirements and regulations.
At CXC, we understand the importance of adhering to employment laws and regulations to protect your business from legal risks. Our comprehensive EOR solutions allow you to hire the best talent, wherever they are. We handle the complex HR and administrative tasks associated with global hiring, freeing up your time to focus on other important aspects of your business operations. By partnering with us, you have peace of mind knowing that your employment practices comply with all relevant laws and regulations in your jurisdiction.
Get in touch with us today and start building your global teams.
The main types of employment contracts in Belgium are indefinite-term, fixed-term, contracts for clearly defined work, part-time, replacement, student and temporary agency contracts. The indefinite-term contract is the standard form of employment and has no end date. Contracts may therefore be classified according to their duration, the work to be performed, the employee’s working time or the particular nature of the employment arrangement.
Each contract type has different legal requirements. For example, a fixed-term contract must normally be agreed in writing for each employee individually no later than the time the employee starts work. Consecutive fixed-term contracts are restricted and may be treated as an indefinite-term contract unless a statutory exception applies. Subject to the statutory conditions, the parties may enter into up to four consecutive fixed-term contracts of at least three months each, provided their total duration does not exceed two years. With prior authorisation from the competent labour authority, consecutive contracts of at least six months may be concluded for a total period of up to three years.
Part-time contracts must also be in writing and specify the agreed part-time working arrangement and, where applicable, the fixed schedule.Other arrangements, such as replacement contracts, student contracts and temporary agency work, have their own statutory conditions. Remote work and certain contractual clauses may require additional written documentation.
Choosing the correct employment contract is important because it determines working time, contract duration, termination rights and the employee’s legal protections.
Yes. Employment contracts in Belgium are legally binding once the parties validly agree on the essential elements of work, remuneration and employer authority, , whether the contract is written or, in some cases, verbal. However, several important arrangements must be recorded in writing within the legally required timeframe.
Written form is generally required for fixed-term work, specific-assignment contracts, defined work, part-time work, replacement arrangements, student employment and certain clauses such as non-compete or remote-work provisions. If an employer misses a mandatory written-form requirement, the intended arrangement may be unenforceable or subject to the specific statutory consequence applicable to that arrangement. For example, a fixed-term or specific-assignment contract that does not satisfy the written-form requirement will generally be governed by the rules for indefinite-term employment. Missing or incomplete part-time documentation can also trigger statutory presumptions or allow the employee to rely on the most favourable applicable part-time schedule; it does not automatically produce the same consequence in every case.
In addition to the employment contract itself, the employer must provide the employee with mandatory information about the employment relationship in writing or electronically within the applicable statutory deadlines. A contract must also comply with mandatory legislation and any applicable collective labour agreement. The parties cannot contract out of minimum statutory protections simply by agreeing different wording.
An effective labour contract in Belgium therefore needs more than signatures. It must accurately reflect the role, use the required local language and sit within the employee’s legal and sectoral framework.
A compliant employment contract in Belgium should accurately identify the parties, job, place of work, start date, remuneration, working-time arrangement and any applicable contract duration. Mandatory employment documents must also comply with the applicable territorial language legislation, which generally depends on the location of the employer’s operating establishment to which the employee is attached. Different rules apply in the Dutch-, French- and German-speaking regions and in the bilingual Brussels-Capital Region.
The required detail depends on the contract type. A part-time agreement needs a clear work regime and either the agreed fixed schedule or, for a variable schedule, a reference to the applicable work rules setting out the framework within which the schedule will be determined. A fixed-term agreement must specify its duration or the objectively identifiable event that will bring it to an end. A specific-assignment contract must clearly describe the work whose completion will end the contract.Particular clauses, including non-compete terms, must meet statutory requirements to be enforceable.
The employment contract in Belgium should also align with the workplace rules, relevant Joint Committee and collective agreements. Those sources may govern pay scales, working time, benefits, notice or other practical terms that should not be contradicted.
A well-prepared labour contract in Belgium gives both parties a shared reference point. It is much easier to explain an agreed arrangement at the outset than to reconstruct it during a dispute.
Non-compliant employment contracts in Belgium can expose an employer to claims for unpaid wages, overtime, benefits, notice compensation or discrimination. The risk increases where the contract does not match the employee’s actual role, schedule or pay structure.
A fixed-term agreement in Belgium that is not properly executed before the start date may be treated as an indefinite contract. Likewise, missing part-time documentation may trigger statutory presumptions concerning the employee’s working schedule or allow the employee to rely on the part-time arrangement and schedule most favourable to them among those applied in the business. . An unenforceable non-compete clause may fail when the business most expects it to apply.
Employment documents can also create issues if they use the wrong language or disregard a binding collective agreement. Depending on the applicable regional language legislation, a document prepared in the wrong language may be void or may need to be replaced by a compliant version. In addition to financial liability, poorly drafted terms can complicate performance management, restructuring and termination.
The practical cost is often uncertainty. A compliant employment contract in Belgium gives the business a defensible position; a generic template can leave key rights open to challenge.
It is important because employment contracts in Belgium must work within a highly specific Belgian framework. Joint Committees, collective agreements, language rules and contract-type requirements can all affect the terms that are appropriate for a particular role.
For example, an international template may assume a probationary period is available. In Belgium, ordinary probation clauses are generally prohibited, apart from limited arrangements such as student or temporary agency work. The general probationary-period regime was abolished for employment contracts beginning on or after 1 January 2014. A probation clause included outside a legally permitted exception will be invalid. A template might also miss mandatory written requirements for fixed-term or part-time work.
Local review helps distinguish what belongs in the individual contract from what should sit in work regulations, policies or collective arrangements. It also helps ensure that payroll and benefit language matches actual practice. This is particularly important because work rules are mandatory for employers and regulate matters such as working schedules, payment arrangements, notice information and internal procedures. The aim is not to make the document overly legalistic. It is to produce a labour contract in Belgium that employees can understand and managers can apply consistently.
An indefinite contract has no predetermined end date, while a fixed term contract in Belgium ends on a stated date or upon the occurrence of an event that must take place on a known date. A contract that ends when specified work is completed is treated as a separate “specific-assignment contract.”The indefinite model is the default employment relationship in Belgium.
A fixed-term agreement must be recorded in writing for each employee no later than the time the employee starts work.It normally ends automatically on its agreed date, without ordinary notice or an indemnity in lieu of notice. Repeated fixed-term contracts are regulated because they can be used to avoid the security of indefinite employment.
Consecutive contracts may be permitted in limited circumstances, including up to four agreements of at least three months each where the total duration does not exceed two years, subject to the statutory conditions. Consecutive contracts may also be permitted where the employer demonstrates that they are justified by the nature of the work or another legitimate reason. With prior authorisation from the competent labour authority, consecutive fixed-term contracts of at least six months each may be concluded for a total period of up to three years.
An indefinite employment contract in Belgium is usually better for a continuing role. A fixed term contract in Belgium is more suitable where the business can clearly explain why the work has a defined, temporary endpoint.
Yes. An employer can terminate a fixed term contract in Belgium early, although the legal requirements differ based on the timing and the reason for ending the contract. During the first half of the agreed term, capped at six months, either party can generally end the contract with notice using the normal notice rules. The notice period must end within that first half of the contract. If consecutive fixed-term contracts have been concluded, this right generally applies only to the first contract in the series.
After that initial period, early termination without serious cause usually requires compensation. The compensation generally equals the remuneration that would have been payable until the agreed end date, but it cannot exceed twice the remuneration corresponding to the notice period that would have applied if the contract had been indefinite. A serious cause can justify immediate termination, but the threshold is high and the facts must support it. The statutory notification requirements and strict deadlines applicable to dismissal for serious cause must also be followed.
The agreed expiry date is different. When the contract reaches its stated end date, it usually ends automatically and no dismissal notice is required.
Before ending a fixed term contract in Belgium early, employers should review the contract, timeline and evidence carefully. A quick operational decision can otherwise create a larger-than-expected compensation obligation.
Yes, but non-compete clauses in a labour contract in Belgium are tightly regulated and are not automatically enforceable. A valid clause must generally be in writing, relate to similar activities, cover a limited geographic area and run for no more than 12 months after employment ends.
For 2026, a standard non-compete clause is generally treated as non-existent where the employee’s gross annual remuneration at termination does not exceed EUR 44,447. Where annual remuneration is above EUR 44,447 but does not exceed EUR 88,895, the clause is generally permitted only for categories of functions identified by an applicable sector- or company-level collective labour agreement. Above EUR 88,895, the clause may generally be used unless an applicable collective agreement excludes the employee’s function. These thresholds are indexed annually.
It must also provide compensation of at least half the gross remuneration corresponding to the restricted period, unless the employer validly waives the clause within the required period after termination. For a standard non-compete clause, the employer generally has 15 days from the end of employment to waive its application. If the employer does not waive it in time, the agreed non-compete indemnity becomes payable.
Different rules can apply to particular employee categories or international business activities. A clause that is too broad, badly drafted or used below the relevant pay threshold may be unenforceable.
A non-compete should protect a genuine business interest, not prevent an employee from earning a living. Precision makes the restriction more credible and more likely to withstand scrutiny.
Businesses can simplify employment contracts in Belgium by using a controlled local template set rather than relying on one global document for every hire. The set should include approved options for indefinite, fixed-term, part-time, remote-work and contractor arrangements. Contractor agreements should be kept separate from employment templates because the working relationship must reflect genuine self-employment in practice.
A central review process helps ensure that the contract matches the actual role before signature. It should confirm the relevant Joint Committee, applicable territorial language, salary components, working schedule, benefits and any special clauses. Those details are easier to capture at offer stage than after onboarding.
Technology can help track expiry dates, contract amendments and signed copies, but it should not replace local judgement. A reminder system is especially useful for fixed-term contracts, where an accidental continuation can have legal consequences. Document controls should also cover mandatory employee information, work rules and acknowledgements, as not every employment obligation is contained in the individual contract.
The simplest model is one that managers can use correctly. Clear templates defined approval points and accurate records make employment contract administration far more manageable.
CXC helps ensure employment contracts comply with Belgian labour laws by preparing locally compliant employment agreements that reflect the worker’s role, contract type, and the requirements of Belgian employment legislation and any applicable collective labour agreements.
Before employment begins, CXC reviews key details such as the employee’s job duties, work location, salary, working hours, benefits, reporting structure, and whether the engagement is permanent or fixed term. It also identifies the relevant Joint Committee, applicable territorial language requirements and any mandatory contractual formalities. This helps ensure the contract accurately reflects the employment relationship and includes the terms required under Belgian law.
Where hiring plans change, such as a change in working hours, pay, or contract duration, CXC updates the employment documentation to keep the arrangement aligned with Belgian requirements.
With in-country expertise and established local employment processes, CXC helps businesses hire in Belgium with contracts that are compliant from the outset while reducing the administrative burden on internal HR teams.
Speak to our team today.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.
