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What is an Employment Agreement?

An Employment Agreement sets out the essential working relationship between an employer and employee under Belgian labor law. It establishes key terms like salary, work hours, job duties, and benefits while ensuring compliance with Belgium's mandatory social protections and collective bargaining agreements.

Both parties rely on this binding contract to define their rights and obligations, from notice periods to non-compete clauses. While verbal contracts are legally valid in Belgium, written agreements offer better protection and clarity, especially for proving employment terms during disputes. Most Belgian employers use standardized templates that align with sector-specific requirements and national employment regulations.

When should you use an Employment Agreement?

Use an Employment Agreement when hiring any new employee in Belgium, from the start of the recruitment process. This contract becomes essential before the employee begins work, as Belgian law requires clear documentation of employment terms, especially for roles lasting over three months.

The agreement proves particularly valuable when hiring specialized talent, implementing flexible work arrangements, or establishing positions with access to confidential information. Having it ready before the start date helps avoid misunderstandings about working conditions, protects intellectual property, and ensures compliance with sector-specific collective agreements and minimum wage requirements.

What are the different types of Employment Agreement?

Who should typically use an Employment Agreement?

  • HR Managers: Draft and customize Employment Agreements to match company policies and Belgian labor laws
  • Legal Counsel: Review agreements for compliance with Belgian regulations and collective bargaining terms
  • Employers: Sign and implement agreements, ensuring proper documentation of employment relationships
  • Employees: Review, negotiate, and sign agreements before starting work
  • Trade Unions: Influence agreement terms through collective bargaining and worker representation
  • Social Inspectorate: Monitor compliance with employment contracts during workplace inspections

How do you write an Employment Agreement?

  • Employee Details: Gather full name, address, and national registration number
  • Job Specifics: Define role title, responsibilities, department, and reporting structure
  • Compensation Package: Calculate salary, benefits, bonuses according to Belgian pay scales
  • Work Schedule: Specify hours, flexible arrangements, and overtime policies
  • Legal Requirements: Check applicable collective agreements and sector-specific regulations
  • Company Policies: Include references to internal rules, dress code, and confidentiality requirements
  • Document Generation: Use our platform to create a compliant agreement with all mandatory elements

What should be included in an Employment Agreement?

  • Party Information: Full legal names and addresses of employer and employee
  • Job Description: Detailed role, responsibilities, and workplace location
  • Work Terms: Hours, schedule, probation period, and notice requirements
  • Compensation: Salary, benefits, holiday pay, and any performance bonuses
  • Duration: Fixed-term or permanent contract specification
  • Privacy Terms: Data protection and confidentiality obligations
  • Governing Law: Reference to Belgian labor law and applicable collective agreements
  • Termination Conditions: Notice periods and grounds for contract ending

What's the difference between an Employment Agreement and a Contractor Agreement?

The key differences between an Employment Agreement and a Contractor Agreement are crucial to understand in Belgian labor law. While both govern working relationships, their legal implications and protections vary significantly.

  • Employment Status: Employment Agreements create a subordinate relationship with social security benefits, while Contractor Agreements establish an independent business relationship
  • Legal Protection: Employees enjoy extensive labor law protections, paid leave, and termination safeguards; contractors operate under business law with limited social protections
  • Payment Structure: Employment Agreements guarantee regular salary and benefits; Contractor Agreements typically involve project-based or hourly fees with self-managed taxes
  • Control Level: Employers direct daily work activities under Employment Agreements; contractors maintain autonomy over work methods and timing
  • Duration: Employment Agreements often establish ongoing relationships; Contractor Agreements usually specify project timeframes or deliverables

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