Background Checks

• Must respect the right to privacy and the data protection rules of the EU General Data Protection Regulation (GDPR) the principle of relevance (for the job).
• Collective Bargaining Agreement No. 38, prohibits discrimination. For example, it is prohibited to request criminal records, except for in the case of specific professions for which it is relevant, and it is also unlawful to ask for someone’s credit history as this could be considered discriminatory.
• In light of the GDPR, the processing of sensitive data (e.g. ethnicity, race and sexual orientation) is, in principle, prohibited. Moreover, third parties are also bound by these rules and employers can be held responsible should the actions of a third party that breach these rules be linked to an employer.

Verification and New Hire Reporting

Employers are required to report new hires to the National Social Security Office (ONSS/RSZ) within a specific timeframe. This reporting ensures that employees are registered for social security benefits.

• The Employer must submit an immediate employment declaration (DIMONA) to the NSSO.
• The process is mandatory for all employers in all sectors of activity and can only be done electronically.
• Through this declaration, the NSSO is informed that an employee has been hired within the company.
• Each employee is assigned a personalized Dimona code which allows the social security bodies to immediately find the information relating to the identity and the employment relationship between the employer and the employee, as well as any changes to it, (e.g. an employee’s) departure. This way, the information needs to be provided only once.

Wide is directly integrated directly into the Dimona online service, enabling any new employer to declare their first employee when identifying themselves to the NSSO.

Onboarding Process & Documentation

Collecting Required Documentation

Employers must collect several key documents:

• Employment Contract: Must be in writing and include essential terms such as job description, salary, working hours, and notice period.
• Identification Documents: Copies of the employee’s ID or passport.
• Work Permit: For non-EEA nationals, a single permit (combining work and residence permits) is required
• Social Security Registration: Employers must register employees with the National Social Security Office (NSSO) and ensure contributions are made

Providing Employee Rights and Obligations

Employers are required to inform employees about their rights and obligations, which include:

• Work Regulations: A mandatory document outlining general terms of employment and workplace rules
• Employee Handbook: Details company policies, procedures, and employee benefits.
• Collective Bargaining Agreements (CBAs): Sector-specific agreements that may provide additional rights and obligations

Healthcare

In Belgium, a universal healthcare system ensures access to essential medical services for all residents. However, this system isn’t entirely free, and health insurance plays a crucial role in ensuring comprehensive coverage for employees.

Belgian law mandates health insurance for all employees, whether working full-time, part-time, or self-employed. This requirement ensures they can access the public healthcare system and receive necessary medical treatment.

Employees in Belgium have two main ways to fulfill the health insurance requirement:

• Public Health Insurance: Most employees are automatically enrolled in a Belgian health insurance mutuality (mutualité/mutualiteit) through their employer’s social security contributions. These mutualities act as intermediaries between the employee and the healthcare providers, reimbursing a portion of medical expenses.
• Private Health Insurance: While not mandatory, some employees may opt for private health insurance plans alongside their public coverage. This can offer additional benefits, such as faster access to specialists, coverage for non-essential treatments, or more comfortable hospital stays.

Retirement

The legal retirement age (currently 65 years old; from 2025, this will increase to 67) is a mandatory provision. Only the legislator can deviate from this provision. Also, employment agreements do not end automatically when the employee reaches retirement age. The employer will have to give a (reduced) notice period of 26 weeks. Further, an employee can continue working after he or she reaches retirement age. In this regard, the legal retirement age is not mandatory for employees.

Belgium offers a comprehensive retirement system designed to provide financial security for employees after their working years. This system combines a mandatory state pension with potential supplementary benefits from various sources.

The cornerstone of retirement income in Belgium is the state pension, managed by the Federal Pensions Service (SFP). This pension is calculated based on three key factors:

• Length of Career: The longer an individual contributes to the social security system through employment, the higher their state pension will be.
• Salary Level: Higher lifetime earnings translate into a higher state pension due to contributions being based on a percentage of salary.
• Family Circumstances: The state pension may be adjusted based on the number of dependents an individual has.
• Belgium allows early retirement under specific conditions. The standard retirement age is gradually increasing, but as of 2024, individuals can access their state pension at 63 with a minimum of 42 years of contributions. Reduced benefits apply for those who retire earlier with fewer contributions.

Social Security

It is impossible to deviate from the Belgian social security scheme by special agreement, which would be null and void by law. The Belgian social security system for employees covers: old-age and survivor’s pensions; unemployment benefits; insurance for accidents at work; insurance for occupational diseases; family allowances; sickness and disability benefits; and annual vacation (only for blue-collar employees).

The Belgian social security system for employees covers:

• old-age and survivor’s pensions;
• unemployment benefits;
• insurance for accidents at work;
• insurance for occupational diseases;
• family allowances;
• sickness and disability benefits; and
• annual vacation (only for blue-collar employees).

Employment Contract Details

Employment contracts must be clearly defined and comply with legal requirements. Here’s how you should proceed:

Written vs. Oral Contracts: 

While both are valid, written contracts are strongly recommended to provide clarity and protection for both parties. The following contracts must be in writing:

• student contracts;
• part-time contracts;
• temporary contracts or contracts for a specific project;
• home and telework contracts;
• temporary agency contracts; and
• replacement contracts.

Types of Contracts:

• Indefinite: This is the default contract type, offering ongoing employment without a fixed end date.
• Fixed-term: These temporary contracts are only valid under specific conditions and must not exceed 24 months in most cases.
• Part-time: Must include specific terms regarding working hours, usually detailed in a “variable timetable.”
• Essential Elements: Contracts must include job descriptions, compensation details, working hours, and termination conditions.

Probation Period

Probationary periods have been suppressed since 2014 (except in relation to students, temporary workers and temporary agency workers).

Visas

General Visa Categories

• Short-Stay Visa (Schengen Visa): For stays up to 90 days within a 180-day period, suitable for business meetings, conferences, or seminars.
• Long-Stay Visa (D Visa): For stays longer than 90 days, such as employment, education, or family reunification.

Application Process

• Determine the appropriate visa type.
• Visit the Belgian embassy or consulate website for specific requirements.
• Prepare required documents (passport, application form, photos, travel itinerary, proof of accommodation, travel insurance, proof of financial means).
• Schedule and attend an appointment at the nearest embassy or consulate.
• Pay the visa fee and submit your application.
• Wait for the visa decision (typically 15 days for short-stay visas).

Independent Contractors

There are no specific local limitations on the use of independent contractors. However, the independent contractor will be assumed to work as an employee within the framework of the Act of 3 July 1978 relating to employment contracts, which provides that “Benefits of additional services performed under a contract of services are presumed to be done under an employment contract, without that the evidence of the contrary can be made, and this when the service provider and the recipient of these are bound by an employment contract for the performance of similar activities” (free translation). In other words, a worker can, in principle, not work as an employee and as a self-employed person for the same company.

The Labor Relations Act of 2006 looks at four criteria:

1. The true will of the parties (to be inferred from both the written agreement and the actual situation);

2. the contractor’s freedom to organize their working time, specifically whether:

• they can freely choose their work assignments and working hours;
• they must justify illness;
• they can choose to account for holidays; and
• the employer has control over the individual’s use of time;

3. The free organization of the work, specifically:

• whether the individual can freely choose and refuse assignments;
• the nature of the agreement;
• the reporting requirements;
• the imposition of rules of conduct or objectives; and
• who pays the salary and who bears the costs; and

4. The possibility of hierarchical control or subordination, specifically:

• whether the employer can impose penalties;
• whether there is an established means of control;
• the nature of reporting; and
• the nature of control.

Managing Employees

Maintaining accurate and comprehensive records is a cornerstone of legal compliance:

• Documentation: Keep detailed records of contracts, payroll, and employee complaints or incidents. These should be retained for legally mandated periods.
• Audits: Regularly audit employment practices to detect and rectify any non-compliance issues.
• Training: Ensure all managers and HR staff are up-to-date with current employment laws and updates to mitigate risks.

Paid Time Off

Employees set up on a 5 day working week are entitled to 20 business days of annual leave. Those set up on a 6 day working week are entitled to 24 business days annual leave. Holiday is accrued based on the number of months worked during the previous calendar year (when starting a new job, a vacation certificate showing the accrued leave balance must be provided by the previous employer)

Public Holidays

• New Year’s Day
• Easter Monday
• Labor Day
• Ascension Day
• Whit Monday
• National Day
• Assumption Day
• All Saints’ Day
• Armistice Day
• Christmas Day

Bereavement

Employees have the right to be absent from work without salary loss, as follows:

• death of the employee’s partner or child: 10 days;
• death of the employee’s parent or their parent’s partner: three days;
• death of the employee’s sibling, grandparent, grandchild or a partner thereof: one day (or two days if the decedent lived with the employee).

Maternity Leave

There are also leave and time credit systems that are compensated by social security
allowances, namely:

• Pregnancy Leave: up to 15 weeks of Maternity Leave, with the potential to increase to 19 weeks in the case of complicated or multiple births.

Maternity leave consists of two periods: Prenatal Leave and Postnatal Leave.

• A mother must take a minimum of one week’s leave before the expected due date but can take up to a maximum of 6 weeks of leave before the due date; this is the Prenatal Leave.
• A mother must also take a further nine weeks of leave following the birth of a child, the Postnatal Leave.
• Employees are forbidden to perform work during the seven days preceding the presumed delivery date and within the nine weeks that begin on the day of delivery.
• The employee may take the remaining weeks either before or after childbirth. The employee is required to notify her employer at the latest seven weeks before the expected date of delivery (or nine weeks when multiple births are expected), a medical certificate attesting to this date.
• Women receive maternity benefits while on maternity leave. This benefit, paid by the social security system Health Insurance Fund, equals 82.00% of the employee’s salary for the first 30 days and then reduces to 75.00% of their regular pay (which will be capped). During this period, the employer is not obliged to make any payments to the employee.

Paternity Leave

• The father is entitled to 20 days of paid paternity leave. The 20 days of paid leave can be taken separately, in a row, or split up into 40 half-days.
• The leave must be taken within the first four months after the birth. During the first 3 days of absence, the employee is paid a full salary by the employer. During the following 17 days, the employee receives benefits from their public health insurance at 82% of the (capped) salary

Parental Leave

Parental leave can be requested at any time from the end of the post-natal maternity leave and can be taken once an agreement has been reached between the employee and employer, as follows:

• A single 4-month period
• Multiple periods which are broken into at least one month each
• Temporarily reducing the working hours to 80% for a maximum of 20 months. This period can also be divided up into multiples of 2-month periods.
• Temporarily reducing the working hours to 50% for a maximum of 8 months. This period can also be divided up into multiples of 2-month periods.
• Taking off half a day per week or one full day every two weeks. This can be done for a maximum of 40 months or divided into several periods of 10 months each.

However, the employer has the right to refuse this scheme. An employee who takes in a child in his family as part of long-term foster care or adoption is entitled to an individual credit for Parental leave of up to six weeks. This credit for six weeks is not transferable to the other adoptive parent.

Adoption and foster care leave is paid in the same way. The first three days are paid by the employer at 100% of the wage, the next day is paid by the health insurance fund. Each individual parent is entitled to six weeks of basic pay (doubles in some cases) followed by an additional period which can be split between the two parents, (6+3= 9 weeks)

Sick Leave

At this time, Vensure does not have sick leave information available.

Termination Requirements

A ‘manifestly unreasonable dismissal’ is the dismissal of an employee based on reasons that are not related to the suitability or conduct of the employee, or that are not based on the necessities of the operation of the undertaking, institution or service, and that would never have been decided upon by a normal and reasonable employer.

In the case of a dismissal owing to urgent reasons, Belgian law requires a serious fault of the employee that makes any further professional cooperation between the two parties immediately and permanently impossible. The party invoking the urgent reason condition must prove its existence.

Notice Period

An employer can choose to terminate an employment contract either with prior notice or immediately and pay an indemnity in lieu of notice. A combination of both, where service of a notice period is followed by an indemnity for the remainder of the notice period, is also possible.

Dismissal Without Notice

A unilateral dismissal without notice, or payment in lieu of notice, for open-ended contracts is only possible in the case of dismissal owing to an urgent reason (ie, serious cause). The employer invoking the urgent reason condition must prove its existence and follow a strict procedure to notify the employee of the dismissal and the reason.

Otherwise, an employment contract can end without a notice period or a payment in lieu of notice in the following circumstances:

• the end of the term of the contract;
• the end of the task for which the contract was concluded;
• force majeure; or
• the death of the employee.

Severance Pay

Any indemnity in lieu of notice is calculated based on the employee’s annual salary at the time of termination, including statutory and contractual fringe benefits. The employee will receive remuneration that is equal to his or her salary during the notice period had the employer opted to give notice.

Severance pay is generally due in the following scenarios:

• Dismissal by the employer without just cause or without notice (or insufficient notice): The employer must pay severance equal to the remuneration corresponding to the notice period that should have been observed.
• Dismissal due to serious misconduct on the part of the worker: The employee is not entitled to severance pay.
• Specific circumstances: Severance pay may also be mandated in cases of closure of the enterprise, medical force majeure, or collective dismissals.

Unemployment Insurance

To receive unemployment benefits, the employee must have worked and paid social security contributions in Belgium or another EU country.

• Benefits are only provided if you become involuntarily unemployed, such as being made redundant. Self-employed individuals are not covered
• The duration and the amount of benefits depend on the employees’ previous earnings and the length of their employment

Anti-Discrimination Practices

In Belgium, accommodations are guided by federal laws, regional regulations, and European directives concerning equality and anti-discrimination. These laws demand that employers provide equitable access and opportunities for all employees, including those with disabilities or other notable differences, unless doing so would cause undue hardship. Familiarize yourself with both federal and regional legislation that may affect workplace policies.

Types of Accommodations

Disability Accommodations

• Physical Accessibility: Businesses are required to ensure that physical premises are accessible to employees with mobility challenges.

This includes installing ramps, elevators, and accessible restrooms.

• Workplace Adjustments: Modify workstations to suit the needs of employees with disabilities, including providing specialized equipment like ergonomic chairs or adaptive keyboards.
• Flexible Schedules: Offer flexible working hours or telecommuting options to accommodate employees’ medical appointments or energy levels.

Accommodation for Religious Practices

• Prayer Facilities: Allocate a quiet space for employees to pray or meditate during breaks.
• Dress Code Adjustments: Allow modifications to standard dress codes for religious garments or symbols, unless they pose a safety hazard.
• Cultural Leave: Consider providing additional leave during significant religious holidays not observed as public holidays in Belgium.

Gender Identity and Expression

• Bathroom Access: Ensure that all employees have access to bathrooms that align with their gender identity. Consider introducing gender-neutral restrooms.
• Name and Pronoun Recognition: Respect employees’ chosen names and pronouns in all official communications and records.
• Supportive Policies: Implement policies that protect the privacy and dignity of transgender and non-binary employees.

Pregnancy and Parental Responsibilities

• Lactation Breaks: Offer designated times and private spaces for breastfeeding or expressing milk.
• Right to breastfeeding breaks up to nine months after the birth of the child.
• The employee must prove that she is actually breastfeeding. This proof is provided from the start of exercising the right to breastfeeding breaks, at them employee’s choice, by a certificate from an infant consultation center (ONE or Kind en gezin ) or by a medical certificate. A certificate or medical certificate must then be submitted by the employee each month to the employer, on the anniversary date of exercising the right to breastfeeding breaks.
• The breastfeeding break can last half an hour, and an employee whose work hours are four hours or more in a day is entitled to one break for that day. An employee whose work hours are at least 7.5 hours is entitled to two breaks for that day.
• Childcare Support: Explore partnerships with local childcare facilities or offer on-site options to assist working parents.

Workplace Safety Standards

Provision of safe working conditions is mandatory, and regular assessments should be conducted to identify and mitigate hazards.

In the realm of occupational health and safety (OHS), employers follow a systematic approach to hazard identification and control. This is in line with the Well-being Act, which mandates the use of a hierarchy of controls from elimination to personal protective equipment (PPE). Risk assessments are also compulsory for certain activities such as manual handling and chemical use.

A Dynamic Risk Prevention Plan is a document that outlines an organization’s overall OHS plan, policies, goals, and actions to be taken. This is mandated by the Well-Being Act. On a national level, Belgium operates with a multi-year Global Prevention Plan that sets OHS priorities and targets.

In companies with 50+ employees, Committees for Prevention and Protection at Work (CPPW) are mandatory. These committees comprise employer and worker representatives, facilitating dialogue on OHS matters. Workers must also be informed of hazards and have the opportunity to provide input on OHS decisions.

Workplace Inspection

Workplace inspections in Belgium are primarily conducted by the Social Laws Inspectorate, a part of the Federal Public Service (FPS) Employment, Labor and Social Dialogue. These inspections focus on compliance with the Well-Being Act and Codex, sector-specific regulations, high-risk workplaces, and responding to complaints.

The inspection process typically involves a notice, an on-site examination, a report, and enforcement actions. Inspections can be unannounced, but employers may receive prior notification in certain cases. The on-site examination includes a tour of the workplace, examination of equipment and processes, review of documentation, and interviews with employers and workers. The inspector then issues a report outlining findings, noting any violations, and recommending corrective actions. Enforcement actions can range from warnings to fines or even work stoppage orders in cases of severe or repeated non-compliance. Employers have the right to appeal sanctions.

Belgium operates a risk-based inspection model. The frequency of inspections varies based on company size and sector, risk assessment, and compliance history. Larger establishments and high-risk sectors are subject to more frequent monitoring. Workplaces with significant identified hazards warrant more frequent reviews. Companies with poor compliance records can expect increased inspection scrutiny.

Workers’ Compensation

Workplace accidents are a serious matter and require immediate attention. Employers are legally obligated to report any workplace accident that results in at least one day of work incapacity (excluding the day of the accident) to their occupational accident insurance company. This report must be filed on a standard form provided by the insurance company, detailing the accident, the injured worker, and the circumstances surrounding the incident.

Workers injured in workplace accidents in Belgium are entitled to compensation. This typically covers medical expenses, lost wages due to temporary or permanent disability, and pain and suffering (under specific conditions). Workplace accident compensation in Belgium is primarily provided through a mandatory insurance scheme. Employers pay premiums to occupational accident insurance companies, and these companies are responsible for paying out compensation benefits to injured workers.

It’s important to note that the specific procedures and requirements may vary slightly depending on the industry and the insurance company involved. Employers should always consult with their insurance companies and legal advisors to ensure full compliance with any regulations surrounding workplace accident reporting, investigation, and compensation.

Labor Law Sanctions

Non-Compliance with Employment Contracts: Employers who violate terms of employment contracts—such as failing to pay wages, not respecting working hours, or wrongful termination—can face administrative fines, civil liability (compensation to employees), and criminal sanctions in severe cases (e.g., repeated violations or exploitation)

Reintroduction of the Trial Period: Employers must follow strict notice periods during the 6-month probation. Violations may lead to compensation claims.

Limitation of Severance Pay: New rules cap severance at 52 weeks for new hires. Misapplication could result in legal disputes and financial penalties.

Dismissal Protections: The government plans to limit cumulative dismissal protections. Employers who ignore these limits may face sanctions or be ordered to pay excessive compensation

Voluntary Overtime Rules: New limits (360–450 hours/year) must be respected. Non-compliance can lead to fines and back pay obligations.

Transfer of Undertakings (CLA 32bis): Information-sharing obligations apply during business transfers. Employers must inform and consult employee representatives, invite the transferee to meet employees. Failure to comply can result in administrative sanctions and nullification of the transfer process

Pension Obligations: minimum return guarantee for workplace pensions increased to 2.5%. Employers must ensure pension funds meet this threshold or cover the shortfall. Non-compliance may result in financial penalties and legal liability for pension shortfalls.