COMPARATIVE GUIDE

Labour and Employment

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Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, a significant portion of the employment relationship can be governed by the terms agreed in an individual employment contract. Employers and employees have considerable flexibility to negotiate and tailor these agreements to their specific needs, provided that they respect the overarching legal framework.

However, there are also various laws and collective bargaining agreements (CBAs) that establish mandatory provisions and set minimum standards. These laws, such as the Employment Contracts Act of 1978, regulate key issues including:

  • non-compete agreements;
  • termination procedures; and
  • employee rights.

Other laws regulate:

  • working hours;
  • wage protection; and
  • similar matters.

CBAs – which are negotiated between employers’ organisations and trade unions – often supplement these laws by setting additional rules, particularly at the sectoral or national level, on issues such as:

  • minimum wages;
  • benefits; and
  • working conditions.

While employment contracts allow for customisation, they cannot override statutory provisions or the terms of binding CBAs. Employers and employees must therefore ensure that their agreements comply with these mandatory regulations to avoid potential legal disputes.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, there is a contractual system that operates in addition to the statutory sources of labour and employment law. While statutory laws (eg, the Employment Contracts Act and collective labour agreements) set minimum standards and mandatory rules, individual employment contracts allow for flexibility and can be tailored to the specific needs of the employer and the employee, as long as they comply with the relevant statutory requirements.

Belgium - AdLex Advocaten & Bemiddelaars
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Employment contracts are commonly used at all levels in Belgium and are an essential tool for formalising the relationship between employers and employees. These contracts can vary depending on the nature of the employment and the specific terms negotiated between the parties, but they are always governed by certain legal requirements.

The Act of 3 July 1978 on employment contracts governs the status of:

  • workers;
  • employees;
  • commercial agents; and
  • domestic servants.

This law also contains specific rules for contracts relating to the employment of home workers and students.

Additionally, the Act of 3 July 1978 applies subsidiarily to other types of employment contracts. Specific laws govern the unique situations of employees such as:

  • service voucher workers;
  • seafarers; and
  • paid athletes.

However, these laws often refer to the general principles of the Act of 3 July 1978 with regard to certain issues.

It is essential to identify the specific type of employment contract being used in order to apply the correct rules.

To determine the applicable legal framework for an employment contract, it is important to ask the following questions:

  • What type of work is being performed? This refers to the nature of the work itself, such as whether the employee is:
    • a worker (blue collar);
    • an employee (white collar);
    • a commercial agent; or
    • a domestic servant.
  • What is the context of the employment? Considerations include whether the worker is:
    • a student;
    • a temporary worker;
    • a service voucher worker;
    • a seafarer; or
    • a foreign worker.
  • What is the duration of the contract? Is the employment:
    • for an indefinite period;
    • for a fixed term; or
    • based on a clearly defined task?
  • What is the extent of the work? Is the employee working full time or part time?

Unless otherwise stated, the following details pertain to the ‘standard’ employment contract – specifically, for workers or employees with an indefinite contract.

Indefinite-term employment contracts: This is the standard type of contract. If the duration is not specified by the parties, the contract is automatically considered to be indefinite. There is no formal requirement for an indefinite-term contract, and it can be verbal or inferred from the employee’s actions, such as starting work with the employer.

Fixed-term employment contracts: A fixed-term contract specifies a certain duration or a specific event that will occur on a known date, after which the parties will be relieved of their mutual obligations. This contract must be written and signed by both parties before the employee begins working for the employer. If the term is not specified in writing at the time of hiring, the contract is considered indefinite.

If several consecutive fixed-term contracts are entered into without a break, they may be treated as an indefinite-term contract unless otherwise specified.

Contracts for specific tasks: This type of contract does not specify the duration but defines the task to be completed, such as acting in a film or sorting fruit during harvest. The contract must be written and signed before starting the work; and if the conditions for fixed-term contracts are not met, it will be treated as an indefinite contract.

Replacement contracts: These contracts are specifically for replacing employees who are absent for reasons other than economic causes (eg, illness, pregnancy). A replacement contract must:

  • be written; and
  • specify:
    • the reason for the replacement;
    • the identity of the replaced employee; and
    • other relevant terms.

In this agreement, deviations are permitted from the provisions of the Employment Contracts Act regarding:

  • the duration of the contract; and
  • the notice period.

Full-time contracts: A full-time contract is typically the default, specifying the regular working hours as per company norms (eg, 38 hours per week), unless otherwise agreed.

Part-time contracts: Part-time work is work that is voluntarily and regularly performed for fewer hours under a full-time contract. A part-time employment contract must be in writing and the agreed working hours and schedule must be specified. If no written agreement is concluded, the employee can choose the most beneficial work schedule from the company’s available options.

Specific information: An employment contract should include the following essential information:

  • the names and addresses of both the employee and the employer, clearly identifying the parties involved;
  • the type of contract – in particular, whether it is:
    • indefinite term;
    • fixed term;
    • part time;
    • a replacement contract; or
    • a student job;
  • the start date of employment and, for fixed-term contracts, the end date;
  • the place of employment, where the employee will carry out their work;
  • a description of the nature of the work or the specific duties and responsibilities that the employee is expected to perform;
  • the monthly or hourly salary, as well as any bonuses or benefits that the employee may receive, such as meal vouchers or a company car; and
  • for part-time contracts, the specific working hours and schedule.

Implied clauses: Employers that assume they can change tasks or responsibilities at will, without considering the implications, may face significant risks. An employer’s substantial and unilateral alteration of an essential aspect of the employment contract, such as the job role, can lead to what is known as ‘implied dismissal’. This occurs where the employee considers the substantial change to their job as a termination of the contract, thereby entitling them to severance pay.

The question then arises of what constitutes a substantial change to an essential element of the job. While employers do have some flexibility in modifying job roles under the ius variandi (the right to modify employment conditions), this right is not unlimited. Employers must balance this right carefully, as substantial changes to the job description – especially if they are permanent or result in a demotion or loss of responsibilities – could lead to a situation where the employee feels that the contract is effectively terminated and may be entitled to a severance payment.

Employers may have more flexibility if the employment contract contains a clause allowing for role changes, often referred to as ‘open clauses’. These clauses typically specify that an employee’s role can change if necessary for the business’s needs. In these cases, minor modifications that do not have financial consequences for the employee may be accepted more readily by the courts, as they will not necessarily constitute implied dismissal. However, where the changes are significant and permanent – particularly where an employee is demoted or significant duties are taken away – this can lead to a discussion of implied dismissal, with the employee potentially being entitled to a severance payment.

Therefore, while implied clauses can provide flexibility, they also come with legal risks if they lead to significant changes in employment terms that the employee regards as a termination of the contract. Careful consideration of both explicit and implied terms in the contract, along with attention to legal precedents, is essential for employers to avoid unintended legal consequences.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, employees who are subject to Belgian law – including those working for private, local or provincial employers – and who pay social security contributions are eligible for parental leave. These include:

  • biological mothers;
  • legal fathers;
  • recognised parents;
  • adoptive parents; and
  • partners or spouses of the biological mother in specific situations (eg, lesbian couples).

Parents must prove their relationship with the child; and both legal or adoptive parents can take leave for the same child. There are also specific requirements based on:

  • the child’s age; and
  • the employee’s tenure with the employer.

Belgium - AdLex Advocaten & Bemiddelaars
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Parental leave can be taken in various formats:

  • full-time parental leave for four months, which can be split into different months at the employee’s discretion;
  • part-time parental leave (50% work reduction) for up to eight months, with the possibility of splitting this into multiple periods;
  • one-fifth reduction in work hours (20% work reduction) for up to 20 months, with similar flexibility; or
  • one-tenth reduction in work hours (10% work reduction) for 40 months, subject to employer approval.

The employee may also opt for flexible leave arrangements (eg, splitting full-time leave into weeks or part-time leave into months) with the employer’s consent. The leave period must start before the child turns 12 years old, or 21 years if the child has a disability.

During parental leave, employees may receive an interruption benefit from the National Employment Office.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, all citizens have the right to join a trade union, regardless of their employment status, and cannot face discrimination in the workplace due to union membership.

The country recognises three main interprofessional trade union organisations, which are accredited based on statutory criteria of representativeness:

  • the General Belgian Trade Union;
  • the General Central of the Liberal Trade Unions of Belgium; and
  • the General Christian Trade Union.

Each union is further organised by sector, employment status, and profession, ensuring that employees from various industries and job roles are represented.

Belgian trade unions play a crucial role in representing workers within companies and economic sectors. They are actively involved in labour and wage negotiations, participating in high-level discussions within sector committees and working towards sectoral agreements in collaboration with employers’ organisations. Additionally, they conclude collective labour agreements through negotiations with employers to ensure fair working conditions and wages.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, employees’ privacy in the workplace is guaranteed by data protection legislation, primarily the General Data Protection Regulation. Under this regime:

  • the personal data of employees is protected; and
  • employers must ensure that any data processing is done lawfully and transparently.

However, there are exceptions. Under strict conditions, an employer may monitor employees’ activities in the workplace. Various collective bargaining agreements (CBAs) in Belgium set out rules on workplace monitoring. Depending on the sector or company in which an employee works, specific arrangements may exist concerning the processing of personal data.

Employers must comply with these regulations and ensure that any data collection or monitoring activities:

  • are proportionate and necessary; and
  • have a legitimate purpose.

Employees’ personal data can only be processed for specific, clearly defined reasons; and sensitive personal information requires additional safeguards.

In conclusion, while the GDPR provides strong protection for employees’ personal data, there are exceptions where employers can conduct monitoring, provided that they comply with specific legal frameworks, such as CBAs and sector-specific rules.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, contingent worker arrangements are specifically regulated and include a variety of temporary employment types designed to meet specific labour needs. Fixed-term contracts and temporary agency work are the most common examples, but other arrangements – such as on-call contracts, seasonal work and student jobs – are also prevalent. These contracts are inherently temporary and conclude when predefined conditions are met, such as:

  • the return of an employee from leave;
  • the completion of a specific task; or
  • the arrival of a set end date.

Flexi-jobs provide a part-time work option with reduced social security contributions, catering to industries such as hospitality. Similarly, occasional workers – often referred to as ‘extras’ – are employed for short-term needs, such as events or busy periods. Student jobs offer young people an opportunity to gain work experience; while replacement contracts are used to fill temporary gaps caused by an employee’s absence. Seasonal work and secondments are also common:

  • addressing temporary demand in sectors such as agriculture; or
  • facilitating employee transfers between organisations for specific projects.

All of these arrangements are subject to Belgian labour regulations, ensuring that the rights and conditions of contingent workers are protected.

Belgium - AdLex Advocaten & Bemiddelaars
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Yes, Belgium has a national minimum wage that must be adhered to, which ensures that employees cannot earn less than the legally established amount. As of 1 May 2024, the general minimum wage is set at €2,070.48 per month for a standard 38-hour workweek, equivalent to €12.57 per hour.

However, the exact minimum wage to which an individual is entitled can vary depending on factors such as:

  • the type of work performed;
  • age;
  • qualifications; and
  • length of service.

Additionally, higher wages may apply for overtime, evening or weekend work. Many sectors in Belgium establish their own minimum wages, which are often higher than the national minimum. All wages specified by law are gross wages, subject to deductions for taxes and social security contributions.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, the entitlement to payment for overtime depends on specific circumstances and is subject to certain rules. Generally, employees compensate for overtime by taking compensatory rest at a later time, ensuring that the average weekly working hours remain consistent over a defined reference period. However, there are notable exceptions to this rule.

Voluntary overtime is typically not compensated with rest but is always paid. If overtime is performed on a Sunday or public holiday, compensatory rest becomes mandatory due to the nature of the workday. Additionally, a portion of voluntary overtime hours – specifically, 95 out of 120 – must count towards an internal limit, which some sectors may reduce to 60 hours. This limits the use of other types of overtime.

Overtime arising from unforeseen necessity or extraordinary work increases can also be paid, up to a maximum of 91 or 130 hours annually, with some sectors allowing up to 143 hours. This ensures flexibility during exceptional workloads while maintaining compliance with labour regulations.

Employees become entitled to overtime pay when they:

  • work more than nine hours in a day or 40 hours in a week; or
  • exceed adjusted limits established by sectoral agreements.

For overtime performed on weekdays or Saturdays, the employee receives their base hourly wage plus an additional 50%. If the overtime occurs on Sundays or public holidays, the additional premium increases to 100%. Certain sectors may provide for higher overtime rates, depending on their agreements.

Certain employees are excluded from the right to overtime pay, including commercial agents (sales representatives) and those in positions of trust, as outlined in the Royal Decree of 10 February 1965.

Sales representatives are excluded from overtime compensation because their work is performance based and typically requires flexible working hours, such as meeting sales targets, rather than being bound by a fixed schedule.

Similarly, employees in positions of trust (eg, senior managers or highly skilled professionals) may also be excluded from overtime pay. These workers often have significant autonomy in managing their hours and are compensated with higher salaries or benefits to reflect their level of responsibility and independence.

These exceptions are intended to recognise the nature of these roles, where standard working hours and overtime rules are less applicable.

Belgium - AdLex Advocaten & Bemiddelaars
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Yes, employees in Belgium are entitled to annual leave. The minimum entitlement is determined by the number of days worked during the previous calendar year (referred to as the ‘reference year’). A full-time employee who worked a complete year is entitled to four weeks (20 days) of paid annual leave.

The calculation is proportional for:

  • part-time employees; or
  • those who have not worked the entire reference year.

Additionally, employees receive holiday pay, which includes regular pay for the leave period plus an additional amount, known as ‘double holiday pay’.

Specific sectors or employers may offer additional leave days or benefits.

Belgium - AdLex Advocaten & Bemiddelaars
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Yes, in Belgium, employees are entitled to sick leave. The minimum entitlement is defined by the system of paid sick leave, which is regulated by the government. Employees are entitled to sick leave for a certain period if they are unable to work due to illness.

For white collar employees who are temporarily unable to work due to illness, the first month of sick leave is typically paid by the employer at a rate of 100% of their salary. After the first month, the payment is reduced to 60% of the salary, subject to certain maximum limits set by the law.

Blue collar workers are entitled to sick leave benefits, which are provided in stages by their employer. The worker is entitled to guaranteed pay from the employer for a period of 30 days. The amounts are structured as follows:

  • 100% of the gross salary for the first seven calendar days of sickness;
  • 85.88% of the gross salary from the 8th to the 14th calendar day of sickness; and
  • 25.88% of the capped gross salary, plus 85.88% of the amount above the cap, from the 15th to the 30th calendar day of sickness.

However, there is an exception for workers who have less than one month of seniority with the company. If an employee has not yet completed one month of service, they do not receive guaranteed pay and must instead turn to their health insurance fund for sickness benefits.

This entitlement ensures that employees are financially supported during illness, with the level of compensation gradually decreasing over time. In general, an employee can receive sick leave benefits for up to 12 months, with the possibility of extending the leave in case of long-term illness, based on:

  • specific medical conditions; and
  • approval by health professionals.

These rules are subject to specific collective agreements or sector-specific regulations, which may offer better terms than the national minimum; and there can also be variations depending on whether the employee is covered by a public or private sector system.

Belgium - AdLex Advocaten & Bemiddelaars
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Yes, Belgium has a statutory retirement age, which is currently set at 65. However, the exact age at which a person can retire and receive a full pension depends on the year of their birth. For individuals born before 1963, the retirement age remains 65. For those born in 1963 or later, the retirement age will gradually increase to 67 by 2030.

In addition to the statutory retirement age, individuals have the option to retire earlier, from age 60 or older, but choosing early retirement results in a reduction in their pension benefits. On the other hand, it is also possible to work beyond the statutory retirement age and delaying retirement can lead to an increase in pension benefits.

The rules on pension eligibility and benefits are influenced by factors such as:

  • the number of years worked; and
  • the social security contributions made during an individual’s career.

These contributions play a significant role in determining the final pension amount.

Belgium - AdLex Advocaten & Bemiddelaars
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Unlawfully discriminatory actions in Belgium include both direct and indirect discrimination based on various grounds such as:

  • gender;
  • age;
  • nationality or ethnic origin;
  • religion or belief;
  • sexual orientation; and
  • disability.

Discrimination can occur in employment relations, such as in relation to:

  • recruitment;
  • setting of wages;
  • working conditions;
  • promotions; or
  • dismissal.

Additionally, harassment or any form of intimidation can also be considered discrimination when it is linked to a protected characteristic, such as if an employee is harassed due to their sexual orientation. Furthermore, the following are explicitly prohibited under Belgian law:

  • pregnancy, childbirth or motherhood-related discrimination; and
  • discrimination due to a change of gender.

Belgium - AdLex Advocaten & Bemiddelaars
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See question 4.1.

Belgium - AdLex Advocaten & Bemiddelaars
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Belgian legislation broadly prohibits direct and indirect discrimination against individuals, including on the grounds of factors such as:

  • gender;
  • age;
  • national or ethnic origin;
  • religion or belief;
  • sexual orientation; or
  • disability.

This prohibition is established in:

  • the Law of 10 May 2007, aimed at combating certain forms of discrimination; and
  • the Law of July 30, 1981, which penalises acts motivated by racism or xenophobia.

The prohibition of discrimination applies to all areas of employment relations, including:

  • access to the labour market;
  • determination of wages and working conditions;
  • promotion; and
  • dismissal.

Harassment at work or any form of intimidation can also be considered a form of discrimination when linked to a specific ground of discrimination (eg, if an employee is harassed due to their sexual orientation).

Sex-based discrimination in employment relations is separately regulated in the Law of 10 May 2007, aimed at combating discrimination between women and men.

This law prohibits direct and indirect sex-based discrimination in employment relations. A difference in treatment based on pregnancy, childbirth or motherhood is considered direct discrimination based on gender under this law. The same applies to any discrimination directly related to a change of gender. Furthermore, unwanted sexual behaviour at work and harassment linked to gender are regarded as forms of gender-based discrimination under this law.

Employees who are the victim of discrimination at work and are subsequently dismissed can claim protection compensation equal to six months’ salary unless a higher amount of damages can be proven. The court may determine that discrimination occurred on multiple grounds and rule that a higher amount of compensation is therefore owed.

Belgium - AdLex Advocaten & Bemiddelaars
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In case of discrimination (except for gender-based discrimination), the Inter-federal Centre for Equal Opportunities can:

  • provide further clarification regarding the scope and content of employees’ rights and duties in this context; and/or
  • assist employees in filing a complaint, possibly in collaboration with their union and/or the Labour Inspectorate.

In case of gender discrimination, a complaint can be filed with the Institute for the Equality of Women and Men.

In addition, an employee can claim protection compensation of six months’ salary from the labour court, unless a higher amount of damages can be proven.

Belgium - AdLex Advocaten & Bemiddelaars
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Agreements or provisions that contravene a prohibition of discrimination are null and void. This usually requires a levelling up to a legal situation.

The victim can:

  • claim compensation equal to a flat rate of six months’ salary, unless a higher amount of damages can be proven; and
  • demand the cessation of the discriminatory act.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, employees are protected against harassment, bullying and retaliation in the workplace through a comprehensive set of preventive measures and remedies. Employers must take specific actions to prevent these issues from arising, including:

  • eliminating situations that could cause violence or harassment;
  • appointing a prevention adviser who specialises in psychosocial risks; and
  • establishing an internal procedure that ensures victims:
    • are supported;
    • receive advice; and
    • benefit from prompt and impartial intervention.

Additionally, employees may rely on a confidential adviser to help resolve conflicts informally.

For employers with fewer than 50 employees, the prevention adviser may be external. Larger companies must decide whether to handle these tasks internally or through an external service.

If an employee believes that they are a victim of violence, bullying or unwanted sexual behaviour, they have several options. They can:

  • approach the confidential adviser or the prevention adviser within the company;
  • file a complaint with the Workplace Wellbeing Inspectorate; or
  • initiate a procedure with the competent court.

Employees may also seek assistance from their trade union or other associations that can, under specific conditions, initiate legal action.

Importantly, employees are protected from dismissal as soon as they file a justified complaint about harassment or violence. This protection ensures that employees can take action without fear of retaliation or losing their job.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, an employer is not required to voluntarily provide the reasons for termination of an employee’s contract. However, there are two possible situations:

  • Spontaneous communication of reasons by the employer: If the employer voluntarily communicates the reasons for termination in writing, it is not obliged to respond to any later request for further clarification from the employee.
  • Communication of reasons upon request by the employee: If the employer has not voluntarily provided the reasons for termination, the employee may request the reasons by sending a registered letter to the employer. For immediate termination, this request must be made within two months of the end of the employment contract. If a notice period is required, the request must be made within six months of notice being given, without exceeding two months from termination.

If the employer fails to respond within the required timeframe or does not provide concrete reasons, it will be subject to a fixed civil penalty of two weeks’ salary. This penalty can be accumulated with compensation for an obviously unreasonable dismissal (Collective Bargaining Agreement (CBA) 109).

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, the notice period to which an employee is entitled when their employment contract is terminated depends on their length of service. The notice period is built up progressively in four stages:

  • During the first five years of employment, employees are entitled to a progressively increasing notice period.
  • After five years of service, the employee is entitled to three weeks’ notice for each additional year of service.
  • Once an employee reaches 20 years of service, known as the ‘pivot year’, the notice period reduces to two weeks for each additional year of service.
  • From the 21st year of service onwards, employees are entitled to one week’s notice for each additional year of service.

However, the law also stipulates a minimum notice period of one week, regardless of the employee’s status or annual salary.

The notice period is different from employers than for employees.

A dual system applies to employees who were already employed on 31 December 2013: in addition to the notice period determined as outlined above, an extra notice period is owed based on their seniority at that time, with a minimum of:

  • three months for white collar employees; and
  • 28 days for blue collar workers.

The parties may also conventionally agree on a longer notice period.

Belgium - AdLex Advocaten & Bemiddelaars
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In case of unfair dismissal, the employee seek compensation from the employer – ranging from three to 17 weeks’ salary – in court.

CBA 109 specifies that the amount of compensation depends on the degree of unfairness of the dismissal. The case law on unfair dismissal thus far reveals that:

  • the amount of compensation awarded varies greatly from court to court; and
  • the only criterion that consistently appears to be applied to determine the level of compensation is the employee’s seniority.

It is therefore (for the time being) difficult to assess the level of risk that an employer faces if it is found guilty of unfair dismissal.

Furthermore, an employee is always free to seek higher compensation if the actual damage that they have suffered is greater. In such cases, the employee must be able to prove the actual damage in accordance with the Civil Code.

Belgium - AdLex Advocaten & Bemiddelaars
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In Belgium, employees have the right to severance pay if their employer terminates their contract without respecting the statutory notice period. Severance pay is typically provided instead of the required notice period and reflects the employee’s salary and benefits during that time.

Severance pay is comprised of several components, including:

  • the ongoing salary that corresponds to:
    • the duration of the notice period that should have been observed; or
    • the remaining portion of that period if the notice was not given properly; and
  • any benefits that the employee had acquired during their employment, such as:
    • meal vouchers;
    • a company car; or
    • the use of a mobile phone.

The ongoing salary consists of:

  • the gross monthly wage at the time of dismissal;
  • any bonuses, excluding one-time bonuses such as shift or seniority premiums;
  • overtime pay for overtime worked over a longer period; and
  • variable pay, which is calculated based on the average of the last 12 months.

This ensures that the employee receives compensation reflecting both their regular pay and the additional benefits that would have been provided had the employment contract continued.

Belgium - AdLex Advocaten & Bemiddelaars
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The labour courts are specialised courts with numerous powers, including those relating to labour law and social security law.

The courts are divided into various chambers. Some chambers consist of a single judge, while others are composed of a judge assisted by two ‘social affairs judges’. These social affairs judges are individuals with experience in the labour world, as either employers or employees. Their practical experience is highly valuable in handling such disputes.

Each labour court is also supported by a labour prosecutor, who exercises the role of the public prosecutor. The labour prosecutor is assisted by:

  • a division prosecutor;
  • one or more senior substitute labour prosecutors; and
  • one or more substitute labour prosecutors.

They provide advice and act as the public prosecutor, depending on whether the case is civil or criminal in nature.

Belgium - AdLex Advocaten & Bemiddelaars
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In social cases, the procedure typically begins with a petition and the social security beneficiary only has to pay a small amount in court costs. Most of the costs – such as for witness fees and expert reports – are usually borne by the institutions responsible for social security. The employee pays only the costs of their lawyer, unless they qualify for free legal assistance.

Once the petition has been filed, the case is entered on the court’s agenda and a hearing date is set by the judge. The parties can:

  • appear in person; or
  • be represented by:
    • a lawyer; or
    • an authorised representative, such as a family member or union representative.

During the hearing, the judge may attempt a reconciliation, where a neutral third party helps to resolve the dispute. In some cases, such as those involving social security, the labour auditor is required to attend. The labour auditor:

  • acts as the public prosecutor;
  • provides advice; and
  • can request information from the relevant authorities.

The judge can make three types of decisions:

  • an interim judgment (eg, the appointment of an expert);
  • a provisional judgment (eg, award of a temporary payment); or
  • a final judgment, which conclusively resolves the case unless an appeal is filed.

Belgium - AdLex Advocaten & Bemiddelaars
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An important adjustment in Belgian employment law is the introduction of a ban on purely financial undertakings, which has been added to the legal framework to combat social dumping.

Although there is no general prohibition on dismissal during illness, the legislature and the courts are increasingly shifting their position, providing employees who are ill with stronger protection in the form of additional compensation if they are still dismissed.

Belgium - AdLex Advocaten & Bemiddelaars
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  • Non-compete clauses that apply following the termination of employment are subject to strict legal conditions, which may sometimes even result in:
    • the nullity of the non-compete clause; and
    • (with the exception of commercial agents, who are entitled to compensation if they have brought in clientele) the payment of compensation (in addition to severance pay).
  • Dismissal is a highly formalistic matter. An employer can give notice with the intention of having the employee work during the notice period only if these formal requirements are met, under penalty of immediate full payment of severance pay. Dismissal for urgent reasons:
    • is subject to strict time conditions; and
    • requires a clear and accurate justification.
  • Good agreements make good friends. Ensure that all crucial elements are included in the employment contract and if the relationship is to end, check whether a settlement can be reached through a compromise agreement.
  • There are many cases in which employees enjoy extra protection against dismissal, ranging from union protection due to candidacy in social elections to maternity leave, time credit and many more. In some cases, dismissal is possible only with the permission of the court/national joint committee; in other cases, additional compensation may be owed.

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