-
Our areas of expertise include:
- Commercial law
- Corporate law
- Employment law
- Equine law
Employment law constitutes a significant component of our comprehensive legal advisory services. Our multilingual specialist lawyers for labour law advise employers in Belgium on all issues relating to employment contracts, employment regulations, warnings and the termination of employment relationships. We also represent our clients in employment court proceedings. Our team is at the forefront of the intersection between employment law, wage tax law and social security law, offering comprehensive guidance and representation to clients in all aspects of their employment-related legal needs.
If your company employs personnel in Belgium, it is imperative to be aware of the employment law implications. However, it is important to note that Belgian employment law differs significantly from those of other countries. Our law firm has specialised and comprehensive knowledge of Belgian and international employment law and can support you as an employer in all aspects of employment law and the closely related social security law.
We provide expert advisory and representation services for foreign companies, tailoring our approach to suit their specific needs and size. Our services include the drafting of employment contracts, which are tailored to the specific needs of each company, as well as ongoing support throughout the employment relationship and its termination. We provide comprehensive support to managing directors and HR department employees, addressing all aspects of day-to-day business operations. In the context of Belgian business, it is crucial to be mindful of the unique characteristics and sensitivities associated with cross-border employment relationships when drafting contracts. We also offer our assistance in the context of legal proceedings before the Belgian labour courts.
Our speciality: Cross-border employment & secondment
In addition to general employment law advice, our employment lawyers are particularly specialised in cross-border employment relationships, where specific questions arise regarding the applicable employment law, the country responsible for social security contributions, tax law, etc. As we deal with foreign employers operating in Belgium on an almost daily basis, we have created a separate page specifically for foreign employers with employees in Belgium with interesting information on the employment of employees in Belgium.
Employees are often seconded to Belgium by their foreign employer for a specific assignment, a so-called secondment. In principle, the conditions of the original employment contract continue to apply, but numerous Belgian regulations must be observed. As you may have already experienced, posting an employee to another country can be quite a challenge. Here you will find information on the posting of foreign employees to Belgium.
We consider cross-border employment and secondment of employees to be of great importance. For this reason, we closely monitor new regulations and provide regular information in our FAQs.
Employment contract in Belgium: clear agreements ensure a good working relationship
We are able to assist you in drafting your HR policy, employment regulations and vehicle policy, among other documents. As a matter of Belgian law, every employer is obliged to draw up employment regulations as soon as they hire an employee. Our core business includes the negotiation, drafting and amendment of employment contracts. While the process may appear straightforward at first, there are several considerations to take into account when customising an employment contract:
1. Do you immediately sign a permanent contract, start with a fixed-term contract or even try a temporary employment agency? If you decide in favour of an open-ended employment contract, you can in principle give notice at any time. If the employment contract is for a fixed term, stricter formalities apply.
2. Is the employee a „normal“ employee or does the employee perform the work of a sales representative? Is the employee then entitled to compensation for lost customers when the employment relationship ends? The regulations in this area are very different in Belgium in comparison to other countries.
3. Is the employee going to work full-time or only part-time? If the employee is working part-time, you must observe the additional obligations for part-time employees and adapt your employment regulations accordingly.
4. Does it make sense to include a non-competition clause in the employment contract? It is often reassuring for employers to know that their employee cannot work for a competitor immediately after giving notice. But did you also know that you will have to pay the employee compensation? It can be useful to include a „reverse waiver“ clause in the employment contract.
5. Will the employee be working from home? In the case of teleworking or working from home, specific provisions should be made in the employment contract, e.g. regarding the costs for the home office.
With good and balanced (payroll tax-optimised) employment contracts and employment regulations, you create the necessary framework conditions for yourself and your employees.
During the period of employment
During the course of the employment relationship, the question often arises as to whether the salary can be further optimised. In many cases, this is indeed possible, e.g. by granting additional benefits such as meal vouchers or a company car. Such salary optimisation often leads to a win-win situation for both employee and employer.
However, should an employee be absent for a longer period of time, this can be less convenient for the employer. There can be various reasons for this absence, e.g. parental leave, time credits, but also illness. In the event of illness, the employer is obliged to continue paying wages for the first 30 days.
End of the employment relationship
The employment relationship is subject to termination at some point. Most commonly, this is due to the employee’s resignation or dismissal, possibly for urgent reasons. When such situations arise, it is essential to make well-considered decisions. You can rely on our experience and negotiating skills when it comes to ending the employment relationship in a reasonable manner.
We can advise you on the various termination options in Belgium: ordinary termination with notice period or termination with severance pay, termination for good cause, termination by mutual agreement with severance pay, etc. Which option is chosen depends on the circumstances of the individual case. It should be noted that the termination modalities in Belgium are completely different from those in some other countries. For example, a dismissal does not require the prior approval of a judge.
Restructuring in Belgium
We are also able to provide support during periods of change, such as reorganisations. In the event of a company being taken over or redundancies being made, we can provide guidance to ensure the reorganisation is managed effectively and we can liaise with the trade unions. These situations are often complex, with numerous regulations to be observed. Even a small mistake or oversight can have major consequences.
Alternatives to dismissing long-term employees
Expert and comprehensive advice that contributed significantly to resolving an employment law issue.
Employment law in Belgium
Mr. Wirtz provided highly professional advice and responded very quickly to our questions. It was a pleasure working with him, and we can wholeheartedly recommend him!
Expert and useful advice on employment law
Questions about Belgian employment law were answered quickly, clearly, and in an easy-to-understand manner.
Employment law in Belgium
Extremely competent, very fast, reliable, and exceptionally friendly. Highly recommended.
Advice on employment law
Our concerns were assessed quickly and professionally, and we received practical recommendations for rapid implementation – excellent service!
Do you have any questions?
Do you have any questions about employment law in Belgium? Do not hesitate to contact our specialist lawyer Marco Wirtz. By email at m.wirtz@euregio.law or by phone +32 11 29 47 00.
