Employment Overview
Navigating Belgium employment legislation can be complex due to variations across industries. At N2S, we simplify compliance, making it clear and straightforward for our clients and customers to grow and excel in Belgium.
Belgium Country Guide
N2S provide expert solutions for businesses looking to expand or grow into Belgium, including compliance, payroll management and employment support. Request our Services to find out more about how we can help you.
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Onboarding
Onboarding in Belgium can be straightforward for providers that have standard templates and processes.
Note that employment contracts must be in writing.
For employments, there is no statutory probationary period, but it is common for up to 6 months to be agreed.
Engagement Types
There are two core engagement types in Canada:
- Employment – which can permanent or fixed term
- Independent contractor engagements – which should be project or time limited
Customers should consider carefully how they wish to engage their workforce and N2S can support customers in implementing compliant and scalable solutions.
IC Compliance
Customers should ensure that Independent Contractors (ICs) that they use are appropriately vetted and classified. This will help protect the business from misclassification claims.
Key considerations include the below, if you require further information or support, please contact us.
1. Contractors should be distinct from employees and be in business on their own account
2. When classifying contractors in Canada, the determination metrics vary depending on where the contract was formed – as in Quebec, different rules apply.
3. The following elements should be considered when making a classification determination:
- Control
- Subcontracting
- Equipment
- Financial risk
- Management
- Contracts
- Opportunity for profit
- Control
- Subcontracting
- Equipment
- Financial risk
- Management
- Contracts
- Opportunity for profit
Social Security/Taxes
Social security and taxes in Belgium vary depending on the worker.
Employer social security, including insurances (pension, health, disability, maternity, accident and insolvency), alongside general unemployment contributions is circa 20%.
Minimum Wages
Belgium does have a national minimum wage, and this changes each year.
Working Hours
Standard working hours in Belgium are 8 hours per day and 38 hours per week.
The standard workweek is Monday to Friday.
Generally, employees are entitled to compensatory days of rest for overtime performed, but this can vary depending on the sector and collective labour agreement.
Statutory Leaves
In Belgium, annual leave is up to 20 days per year alongside 10 paid public holidays.
Sick pay varies according to the sector:
- White collar employees are entitled to 30 days of sick pay, paid by the employer, at normal salary. Thereafter, the state pays any sickness pay/benefit.
- Blue collar employees are entitled to 100% salary for the first 7 days, which is tapered down until day 30. Thereafter, the state pays any sickness pay/benefit.
Maternity leave in Belgium is paid by the state for 15 weeks.
Paternity leave and pay in Belgium is paid by the state for 20 days.
Parental leave is 4 months of full-time parental leave, and includes a right to take up part-time parental leave.
Termination
The termination process in Belgium is relatively straightforward – terminations must generally have “a clear and objective reason” and this must be provided to the employee upon their written request. If the employer cannot substantiate that the dismissal was reasonable and fair, then the employee will be entitled to a gross indemnity equal to between 3 and 17 weeks of pay.
Notice periods are stipulated in the employment contract (or any collective agreement) and is usually linked to the length of service. Note that notice during a fixed term contract must be given within the first half of the agreed term of the contract.
The total employer notice period varies according to length of service, starting at 1 week for less than 3 months of service, and increasing up to 27 weeks after 8 years of service.
Any entitlement to severance pay will depend on the employment contract and applicable collective agreement. Note that for redundancy, Belgium works council and trade union representatives need to be consulted and redundancy pay may be applicable.
