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Probationary Employment Agreement for Belgium

Probationary Employment Agreement Template for Belgium

This employment agreement template is specifically designed for use in Belgium, incorporating the country's unique employment law requirements following the 2014 reforms that largely abolished traditional probationary periods. The agreement structures the initial employment period with specific notice periods as permitted under Belgian law, while ensuring compliance with all mandatory employment terms and conditions. It includes comprehensive provisions for remuneration, benefits, working conditions, and termination rights, all aligned with Belgian employment legislation and social security requirements. The document is drafted to protect both employer and employee interests while maintaining flexibility for customization based on specific employment circumstances.

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What is a Probationary Employment Agreement?

The Probationary Employment Agreement template is designed for use in Belgium when establishing new employment relationships. Following the 2014 Belgian employment law reforms that largely abolished traditional probationary periods (except for student workers and temporary agency workers), this agreement effectively structures the initial employment period using shorter notice periods permitted during the first months of employment. It provides a comprehensive framework for documenting the employment relationship, including essential terms such as role responsibilities, remuneration, benefits, and working conditions, while ensuring compliance with Belgian labor law, social security regulations, and relevant collective bargaining agreements. This document is particularly useful for employers seeking to establish clear terms of employment while maintaining the flexibility offered by Belgian law during the initial months of employment.

What sections should be included in a Probationary Employment Agreement?

1. Parties: Identification of the employer and employee with complete legal names and addresses

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Job title, role description, and main responsibilities

5. Commencement and Duration: Start date and nature of the contract (indefinite or fixed-term)

6. Initial Employment Period: Details of the initial period with specific notice periods applicable under Belgian law

7. Working Hours and Location: Regular working hours, workplace location, and flexibility arrangements

8. Remuneration: Salary, payment frequency, and method of payment

9. Benefits: Standard benefits package including holiday entitlement, meal vouchers, and other statutory benefits

10. Social Security and Tax: Confirmation of registration and compliance with social security and tax obligations

11. Termination: Notice periods and termination procedures as per Belgian law

12. Confidentiality: Obligations regarding company confidential information

13. Data Protection: GDPR compliance and personal data handling

14. Governing Law: Confirmation of Belgian law application and jurisdiction

What sections are optional to include in a Probationary Employment Agreement?

1. Company Car: Terms related to company car provision, to be included if a company car is part of the package

2. Remote Working: Specific provisions for remote work arrangements, if applicable

3. Commission Structure: Details of any commission or bonus schemes, if applicable

4. Non-Compete: Non-competition clauses, if required for the position and compliant with Belgian law

5. Intellectual Property: IP rights and assignments, particularly relevant for technical or creative roles

6. Language Declaration: Required for contracts in specific Belgian regions regarding the official language of the agreement

7. Training Agreements: Specific provisions regarding training and development, including any repayment clauses

8. Mobility Clause: Terms regarding potential workplace changes, if relevant to the position

What schedules should be included in a Probationary Employment Agreement?

1. Job Description: Detailed description of the role, responsibilities, and reporting lines

2. Compensation Details: Breakdown of salary components, benefits, and any variable compensation

3. Company Policies: Reference to or summary of key company policies applicable to the employee

4. Benefits Summary: Detailed overview of all benefits and their terms

5. Work Rules: Reference to or copy of applicable workplace regulations ('arbeidsreglement'/'règlement de travail')

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Genie AI

Cost

Free to use
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