Classification of Employees: Blue-Collar and White-Collar

In Belgium, the fundamental classification of employees remains the distinction between blue-collar employees (“arbeiders”/“ouvriers”) and white-collar employees (“bedienden”/“employés”). This classification, rooted in the nature of the work performed, continues to carry significant legal implications despite ongoing harmonisation efforts.

Blue-collar employees are those who perform primarily manual or physical labour, whereas white-collar employees carry out predominantly intellectual, administrative, or managerial duties. The distinction is determined by the actual nature of the work performed, not by the job title or contractual designation. Where an employee’s role encompasses both manual and intellectual tasks, the predominant character of the work will govern the classification.

The Unified Status Law of 26 December 2013 represented a landmark reform aimed at eliminating long-standing inequalities between these two categories. The reform harmonised notice periods and abolished probationary periods for most employment contracts.

However, material differences persist between the two statuses:

• Joint labour committees: Different sectoral joint labour committees (“paritaire comités”/“commissions paritaires”) typically apply to blue-collar and white-collar employees, resulting in different collective bargaining agreements governing terms and conditions of employment within the same enterprise.
• Remuneration structure: Blue-collar employees are typically remunerated on an hourly basis, with wages paid at least twice monthly. White-collar employees receive a fixed monthly salary, paid once per month.
• Temporary unemployment: Blue-collar employees may be placed on temporary unemployment for economic or technical reasons, including weather-related disruptions. White-collar employees may only access temporary unemployment under more restrictive conditions.
• Guaranteed salary during incapacity: The employer’s obligation to pay guaranteed salary during periods of illness differs; blue-collar employees receive a phased payment structure over the first 30 days, whereas white-collar employees are entitled to 30 days of full pay.

Employment Contracts and Formalities

Belgian employment law recognises several types of employment contracts, distinguished mainly by duration, working time regime and purpose. The indefinite-term contract is the standard form of employment. While a written employment contract is not required for a full-time indefinite-term contract, the employer must provide certain mandatory employment information in writing. In practice, it is nevertheless strongly recommended that employers document the employment terms in a written agreement.

Certain contracts and clauses must be in writing to be valid or enforceable, including fixed-term contracts, contracts for a clearly defined job, replacement contracts, part-time contracts, student contracts, non-compete clauses, training cost clauses and structural telework arrangements. Confidentiality and intellectual property arrangements are also usually documented in writing, although statutory confidentiality obligations may apply independently of the contract.

Fixed-term contracts must be concluded in writing by the time employment starts and must identify the end date clearly. Contracts for a clearly defined job must also be documented in writing and must describe the work or project with sufficient precision. Failure to comply with the formal requirements may result in the contract being treated as an indefinite-term contract. Successive fixed-term contracts are subject to statutory limits and should be used cautiously.

Part-Time Contract

Part-time contracts must be concluded in writing before the employee starts work. They must specify the agreed part-time working regime and either the fixed schedule or the applicable variable schedule framework. Part-time employees are entitled to equal treatment with comparable full-time employees on a pro rata basis. Detailed minimum working time rules are addressed in 1.3 Working Hours.

Student Employment Contracts

Student employment contracts must be in writing and are subject to specific statutory requirements, including mandatory content and special termination rules. Reduced social security treatment may be available within the applicable annual student work contingent, which should be verified at the time of engagement.

Sales Representative Contract

Sales representative contracts apply to a specific category of white-collar employee whose principal function is to seek out and visit clients with the aim of negotiating or concluding commercial transactions on behalf of one or more principals. These contracts are subject to specific statutory provisions under the Employment Contracts Act, including enhanced termination protections and the potential entitlement to a clientele indemnity upon termination.

Language Requirements

Employment-related documents must be drafted in the applicable social language, which is generally determined by the location of the employer’s operating unit where the employee is employed. Dutch applies in the Flemish Region, French in the Walloon Region, German in the German-speaking Community, and Dutch or French in the Brussels-Capital Region, depending on the employee’s language. Non-compliance may affect the enforceability of the document or clause, although the employee may still rely on favourable provisions.

Electronic Signatures

Electronic signatures may be used, provided they comply with Belgian and EU rules on electronic identification and trust services. Qualified electronic signatures have the same legal effect as handwritten signatures. Employers should also ensure that electronically signed employment documents are retained in a reliable and accessible manner in line with applicable archiving requirements.

Work Regulations

Work regulations (“arbeidsreglement”/“règlement de travail”) are a mandatory written document that sets out the general terms and conditions of employment within a company. They are distinct from individual employment contracts and apply collectively to all employees in a given establishment. As soon as a company employs one employee, work regulations must be established.

These regulations serve as a legal framework governing the day-to-day operation of the workplace. They must be filed with the Federal Public Service for Employment, Labour and Social Dialogue and made accessible to employees. Work regulations typically cover working-time arrangements, rest periods, remuneration details and disciplinary procedures, and must align with applicable collective bargaining agreements and statutory law.

Normal Working Time

Belgian working time is governed by the Labour Act of 16 March 1971. Working time means the time during which the employee is at the employer’s disposal, which does not necessarily coincide with time spent actively performing work. The standard limits are eight hours per day and an average of 38 hours per week. In practice, a 40-hour working week may be applied if compensatory rest days are granted so that the average weekly working time does not exceed 38 hours over the applicable reference period. In certain cases, daily limits may be increased to nine, ten, or, under specific regimes, twelve hours.

Flexible Working Arrangements

Flexible working-time arrangements are possible, provided the applicable statutory and sectoral conditions are met. These arrangements generally require either a collective bargaining agreement or an amendment to the work regulations. They allow the employer to vary working schedules according to operational needs, provided the average weekly working time is respected over a reference period of up to 12 months and the applicable daily and weekly limits, rest periods and notification requirements are observed.

Part-Time Work

Part-time employment contracts must be concluded in writing before the employee starts work. The contract must specify the agreed part-time working regime and either the fixed work schedule or the variable schedule framework. The employee’s actual schedule must also comply with the work regulations and the applicable notification rules.

Since 1 June 2026, the minimum weekly working time for part-time employees has been reduced from one third to one tenth of a comparable full-time schedule, unless stricter sectoral rules or permitted derogations apply. The rule requiring each work performance to last at least three hours generally continues to apply, subject to statutory or sectoral exceptions.

Overtime

Overtime is generally prohibited unless a statutory derogation applies, such as an extraordinary increase in workload, urgent work, force majeure, certain shift arrangements or voluntary overtime. Where overtime is authorised, employees are generally entitled to compensatory rest and, for certain hours exceeding the normal working time limits, to an overtime premium of 50%, increased to 100% for overtime performed on Sundays, public holidays or replacement public holidays. Voluntary overtime is possible with the employee’s prior written consent and within statutory annual limits, which may be increased at sector level. Certain categories of employees, including senior managerial employees and persons in positions of trust, are excluded from some working time and overtime rules.

Minimum Pay and Sectoral Wage Scales

Belgium does not have a statutory minimum wage in the strict sense. Instead, minimum remuneration is mainly set through collective bargaining. At national level, the guaranteed average minimum monthly income provides a baseline for private-sector employees, while sectoral collective bargaining agreements often impose higher minimum salary scales, depending on the applicable joint labour committee, job classification, seniority and working time regime.

In practice, the applicable sectoral collective bargaining agreement is the first point of reference for compensation. It may determine minimum monthly or hourly wages, seniority-based scale increases, pay frequency, allowances and other employment benefits. Employers must therefore correctly identify the competent joint labour committee before setting Belgian compensation packages.

13th Month and Bonuses

A 13th-month payment is not a general statutory entitlement, but it is mandatory in many sectors under collective bargaining agreements and is frequently granted as a contractual or customary benefit. Eligibility conditions, timing and pro-rating rules are usually determined by the relevant sectoral or company rules.

Variable remuneration, discretionary bonuses, profit-sharing and collective bonus plans are possible, but their design must comply with tax, social security, equal treatment and wage norm restrictions.

Indexation and Government Intervention

Belgian pay is strongly influenced by automatic wage indexation. The indexation mechanism is usually set at sector level, and links salary increases to inflation through the health index. The timing and method vary by joint labour committee: some sectors index salaries annually, while others apply indexation when a threshold is exceeded.

Government intervention also occurs through the wage norm, which limits the margin for real wage cost increases over a two-year period. For 2025–2026, that margin has been set at 0%, although mandatory indexation and sectoral scale increases remain permissible. Employers should verify the applicable wage norm, indexation rules and any current government measures at the time compensation decisions are made.

Annual Leave and Holiday Pay

Employees are generally entitled to four weeks of statutory annual leave per year, based on the work performed during the preceding calendar year. For a full-time employee working five days per week, this usually corresponds to 20 days of annual leave.

Holiday pay is mandatory. White-collar employees receive their normal salary during holidays and double holiday pay from the employer. For blue-collar employees, holiday pay is paid through the annual holiday fund system.

Employees are also entitled to ten statutory public holidays per year, or a replacement day if the holiday coincides with a normal non-working day.

Family, Illness and Care-Related Leave

Belgian law provides for a wide range of statutory leave entitlements. Maternity leave generally lasts 15 weeks, or longer in the case of multiple births or hospitalisation of the child. Part of the maternity leave is mandatory. Birth leave for fathers and co-parents, adoption leave, foster care leave, parental leave, care leave and time credit may also be available, subject to statutory conditions and, in some cases, seniority, notification and organisational rules.

Employees who are unable to work due to illness or accident are entitled to guaranteed salary from the employer for an initial period, subject to the applicable rules for white-collar or blue-collar employees. After that period, benefits are generally paid through the social security sickness fund. Belgian law also increasingly focuses on re-integration and return-to-work obligations for long-term sick employees.

Confidentiality and Non-Disparagement

Employment contracts frequently include confidentiality clauses protecting sensitive business information, trade secrets, know-how, client information and intellectual property. Such clauses are generally enforceable under Belgian law, provided they are sufficiently clear and do not prevent employees from exercising statutory rights, reporting unlawful conduct or making protected disclosures.

Non-disparagement clauses are less common in ordinary employment contracts but may be included to protect the employer’s reputation and are frequently seen in settlement or termination agreements. They are not regulated in the same way as non-compete clauses but must be clearly drafted and compatible with mandatory employment law, freedom of expression, whistle-blower protection and anti-retaliation rules. Broad restrictions that prevent employees from raising legitimate concerns or pursuing legal claims may be unenforceable.

Employee Liability

Employee liability is limited by Article 18 of the Employment Contracts Act. An employee is generally liable to the employer or third parties only in cases of fraud, gross negligence or repeated minor negligence. Ordinary mistakes made in the performance of the employment contract, therefore, do not usually give rise to personal liability.

Since the entry into force of the new rules on extra-contractual liability, third parties may in some circumstances seek to bring direct claims against employees. However, the statutory protection under Article 18 remains relevant, so personal liability continues to be limited to fraud, gross negligence or repeated minor negligence.

Non-Compete Clauses

Belgian law permits non-compete clauses, but only subject to strict statutory conditions. A non-compete clause restricts the employee, after termination, from carrying out similar activities, either independently or for a competing employer, where the employee could use industrial or commercial knowledge acquired with the former employer to harm that employer.

For ordinary blue-collar and white-collar employees, the clause must be in writing and is only valid if the employee’s annual remuneration exceeds the statutory threshold applicable at the time of termination. For 2026, a non-compete clause is prohibited where annual remuneration does not exceed EUR44,447. Where remuneration is between EUR44,447 and EUR88,895, the clause is valid only for categories of functions identified by sectoral or company-level agreement. Above EUR88,895, the clause is valid unless the relevant functions have been excluded by that agreement.

The clause must relate to similar activities, be geographically limited to the area where the employee can genuinely compete with the employer and may not extend beyond Belgium. It may not exceed 12 months from the end of employment. It must also provide for a one-off compensatory indemnity payable by the employer, equal to at least half of the employee’s gross remuneration corresponding to the duration of the restriction. A 12-month restriction therefore requires an indemnity of at least six months’ remuneration.

A non-compete clause has no effect if employment ends during the first six months, if the employer terminates without serious cause, or if the employee terminates for serious cause. The employer may waive the clause within 15 calendar days after the effective end of employment, in which case the compensatory indemnity is not due.

If the employee breaches a valid non-compete clause, the employee must generally repay the compensatory indemnity received and pay an equivalent amount as damages. The court may reduce this amount at the employee’s request, taking into account the actual harm and the period during which the clause was complied with. The employer may also claim higher damages if it proves the existence and extent of its loss.

In practice, enforcement of non-compete clauses can be difficult. Litigation is fact-sensitive, may take time and involves costs, while the employer must establish that the clause is valid and that the former employee is engaging in prohibited similar activities within the agreed scope. For this reason, non-compete clauses often have a stronger deterrent effect than a practical enforcement function.

Failure to comply with any statutory validity requirement renders the clause null and void, although the nullity is generally relative and can be invoked by the employee. Employers should therefore review non-compete clauses regularly, including against indexation-adjusted remuneration thresholds and the employee’s actual role at the time of termination. If a clause is unenforceable, the employer may have no contractual recourse against ordinary competing activities, although separate remedies may still be available in cases of unfair competition, misuse of trade secrets or breach of confidentiality.

Sales Representatives

Specific rules apply to sales representatives. Their non-compete clause must also be in writing and may only relate to similar activities. It must be limited to the territory in which the representative was active and may not exceed 12 months after termination. Unlike for ordinary employees, the clause does not require a compensatory indemnity, but the contract may provide for damages of up to three months’ remuneration in the event of breach, without prejudice to higher proven damages.

The existence of such a clause also creates a presumption that the representative brought clientele to the employer, which may be relevant for a clientele indemnity, although the employer may rebut that presumption.

Non-Solicitation Clauses

Belgian employment law does not contain a specific statutory regime for non-solicitation clauses comparable to the rules on non-compete clauses. Their validity is therefore assessed under general contract law, the employee’s freedom to work and the statutory duty not to engage in unfair competition.

Customer non-solicitation clauses require particular care. Belgian case law is not fully settled. Some courts accept narrowly drafted clauses that prohibit active solicitation of the former employer’s customers for a limited period, especially where the clause does not prevent the employee from working for a competitor or from accepting unsolicited approaches. Other courts have taken the view that a customer non-solicitation clause may restrict the employee’s freedom to work and may be invalid if it amounts to a disguised non-compete clause without meeting the statutory requirements for non-competes.

Employee non-solicitation clauses are generally easier to justify, provided they are limited to active poaching or assistance in poaching employees and do not prevent ordinary market recruitment. A clause prohibiting the former employee from supporting or co-operating with a third party in recruiting the employer’s staff may be valid, and the contract may provide for liquidated damages. Courts may, however, review and reduce unreasonable liquidated damages.

Even without a non-solicitation clause, former employees remain prohibited from engaging in unfair competition. This may include misuse of customer lists or trade secrets, denigrating the former employer, systematically soliciting customers by using confidential information, or poaching staff in circumstances intended to disrupt the former employer’s business. Mere competition, use of general professional knowledge, or accepting a customer’s own initiative is not in itself unlawful.

Employers should avoid drafting non-solicitation clauses so broadly that they become an indirect non-compete. They should also be cautious with no-poach arrangements between companies, as agreements not to hire each other’s employees may raise serious competition law concerns.

Data Privacy in Employment

Employee data processing in Belgium is governed by the General Data Protection Regulation (GDPR) and the Belgian Data Protection Act, alongside general employment law principles. In practice, employment-related data privacy issues most often arise in recruitment, personnel administration, payroll, absence management, workplace monitoring, investigations, whistle-blowing procedures and the use of HR technology.

Employers should ensure that employee data is processed transparently, for legitimate and clearly defined purposes, and only to the extent necessary for the relevant HR purpose.

Employee consent is rarely the preferred legal basis because of the imbalance of power in the employment relationship. Employers usually rely on the performance of the employment contract, compliance with legal obligations or legitimate interests, depending on the processing activity.

From an employment law perspective, particular attention should be paid to workplace monitoring. Monitoring of electronic communications, internet use, camera surveillance, geolocation, access control or productivity tools must be proportionate, transparent and supported by an appropriate legal basis. Belgian collective bargaining agreements (CBAs), including CBA No 81 on electronic communications and CBA No 68 on camera surveillance, may impose additional information and consultation requirements.

Employers should also consider data protection requirements when introducing new HR tools, artificial intelligence, whistle-blowing channels or employee investigations. These projects often require close co-ordination between employment, data protection, IT and Works Council or employee representative consultation processes.

Right to Work and Regional Competence

Belgium distinguishes between European Union/European Economic Area (EU/EEA) and Swiss nationals, who generally have free access to the Belgian labour market, and third-country nationals, who normally require work authorisation before starting work in Belgium. Immigration and work authorisation rules are split between federal residence rules and regional employment rules, so the competent authority depends mainly on the place where the work is performed.

For third-country nationals working in Belgium for more than 90 days, the standard route is the single permit, which combines work and residence authorisation. The application is employer-led and is assessed by the competent regional employment authority and the federal Immigration Office. Depending on the region and category, a labour market test, salary threshold, qualification requirement or shortage occupation rule may apply.

Different routes apply for short-term work, intra-corporate transfers, highly qualified employees, EU Blue Card holders, frontier employees, posted employees and certain specific professional categories. Employers should confirm the appropriate route before the employee starts work, as employing a foreign employee without the required authorisation may lead to administrative or criminal sanctions and can affect the validity of the employment arrangement.

Foreign employees who are employed in Belgium are generally entitled to Belgian employment protections, including minimum pay, working time, health and safety rules and applicable collective bargaining agreements. Posted employees remain employed by their foreign employer, but Belgian mandatory employment rules may apply during the posting.

Immigration, Work Authorisation and Social Security Filings

Registration requirements depend on the employee’s nationality, residence status, employment structure and social security position. For third-country nationals, the employer will usually need to obtain the appropriate work authorisation or single permit before the employee starts work. Where the employee is abroad, a Schengen visa D (residence permit) may also be required before travel, followed by local registration with the municipality after arrival in Belgium.

Belgian employers must comply with ordinary social security registration obligations for employees subject to Belgian social security, including the Déclaration Immédiate/Onmiddellijke Aangifte (Dimona) declaration before the start of employment and periodic payroll reporting. The employer must also ensure that the employee has or obtains the necessary Belgian social security identification number.

A Limosa declaration must generally be filed before the posted worker begins working in Belgium, unless an exemption applies. The Limosa system – Belgium's mandatory electronic prior-notification system for posted workers and certain self-employed persons – is administered by the National Social Security Office (RSZ/ONSS). Additional sector-specific presence registrations may apply, for example in construction, meat processing, cleaning and other high-risk sectors. Employers should also verify whether an A1 certificate (for UK workers temporarily working abroad) or other social security documentation is required to confirm the applicable social security regime.

In practice, employers should build in sufficient lead time before the intended start date.

Processing times and documentation requirements vary depending on the region, permit category and personal situation of the employee. Employers should retain right-to-work, permit, posting and social security documents in case of inspection.

Telework and Mobile Work

Belgian law distinguishes between structural telework, occasional telework and homeworking. Structural telework is governed by Collective Bargaining Agreement No 85 and applies where work is performed regularly, and not merely occasionally, outside the employer’s premises using information technology. Occasional telework is governed by the Act of 5 March 2017 and applies to ad hoc remote work due to force majeure or personal reasons. Homeworking is a separate regime under the Employment Contracts Act and applies where work is performed at home or another place chosen by the employee, without direct supervision by the employer.

Telework is in principle based on agreement and is not an automatic employee right. Structural telework must be documented in writing, typically in the employment contract or an addendum. The arrangement should address the place and frequency of telework, availability, equipment, cost reimbursement, technical support, data security, monitoring and return-to-office rules. Employers should also inform and consult employee representatives before introducing a structural telework scheme.

The employer must provide the equipment required for structural telework and reimburse or cover the costs linked to telework, either on the basis of supporting documents or through a lump-sum allowance. For homeworking, the contract or applicable collective rules must provide for cost reimbursement; in the absence of any such provision, a statutory lump-sum allowance may apply. Occasional telework requires a prior request and employer approval, with agreement on equipment, costs and availability.

From a health and safety perspective, the employer remains responsible for employee wellbeing, including psychosocial risks, ergonomics and prevention measures. Teleworkers are entitled to equal treatment in terms of working conditions, training, career opportunities and collective rights. Certain working time rules, including rules on Sunday rest, night work, rest periods and overtime, do not apply in the same way to teleworkers and homeworkers, although the agreed working regime and availability rules should still be clearly defined.

Mobile work also raises data privacy, confidentiality and information security issues, including secure remote access, device use, monitoring and protection of confidential information.

Cross-border remote work requires additional review of employment law, immigration, tax and social security consequences. From an employment law perspective, employers should consider whether the employee’s place of remote work may trigger mandatory local employment protections, local registration or posting obligations, health and safety requirements, language rules, Works Council or employee representative consultation issues, or a shift in the law applicable to the employment relationship. Within the EU, the social security position may also be affected if a substantial part of the work is performed in the employee’s state of residence, although specific framework arrangements may apply to cross-border telework.

Time Credit and Career Breaks

Belgian law does not provide for a general statutory right to an unpaid sabbatical in the broad commercial sense. Sabbatical-style absences are usually organised through statutory time credit, thematic leave, career break schemes or an individual unpaid leave arrangement agreed with the employer.

In the private sector, time credit allows eligible employees to suspend or reduce working time for recognised purposes, such as childcare, care for a seriously ill family or household member, palliative care or training. The employee may receive an interruption allowance from the National Employment Office, subject to the applicable conditions. The right to take time credit and the right to receive allowances are distinct and depend on seniority, career history, the reason for leave, the employer’s headcount and the applicable collective bargaining rules.

Employees may also use thematic leave, including parental leave, leave for medical assistance and palliative care leave, where the statutory conditions are met. During these forms of leave, the employment contract is suspended or working time is reduced, and employees benefit from protection against dismissal linked to the exercise of the leave right.

Purely contractual sabbaticals remain possible but require agreement between employer and employee. Employers should document the duration, pay status, benefits, seniority, return arrangements, confidentiality obligations and interaction with insurance, pension and social security coverage. In practice, employers should also consider whether approval rules need to be applied consistently to avoid equal treatment issues.

Hybrid Work, Desk-Sharing and Flexible Organisation

New work practices in Belgium most commonly include hybrid work, desk-sharing, flexible office concepts, compressed working weeks, digital HR tools and increased use of collaboration technology. These arrangements are generally possible, but must be aligned with working time rules, wellbeing obligations, data protection requirements and, where applicable, employee representative information and consultation rights.

Desk-sharing and activity-based working do not have a specific statutory regime, but they may affect health and safety, ergonomics, privacy, access control and employee wellbeing. Employers should ensure that workstations are suitable, that confidential information is protected, and that employees understand the practical rules on booking desks, storage, clean-desk obligations and use of shared spaces.

When introducing new work models, employers should not treat the issue as purely operational. Practical implementation often requires updates to telework policies, work regulations, expenses rules, IT and data policies, prevention measures and manager training. The main legal risks are usually not the concept itself, but insufficient documentation, lack of transparency, inconsistent application and failure to consult where consultation is required.

Trade Unions and Social Dialogue

Trade unions play a central role in the Belgian system of social dialogue and collective labour relations. The three main trade union confederations are the Confederation of Christian Trade Unions (ACV/CSC), the Belgian General Federation of Labour (ABVV/FGTB) and the General Confederation of Liberal Trade Unions of Belgium (ACLVB/CGSLB). They are active at interprofessional level, including within the National Labour Council, at sector level through joint labour committees and subcommittees, and at company level through trade union delegations and collective bargaining.

At company level, a trade union delegation may be established where the applicable sectoral CBA allows it and the relevant representativeness or threshold conditions are met. Its role typically includes negotiating and concluding company-level CBAs, monitoring compliance with labour legislation and collective agreements, assisting individual employees in disputes and representing employees in discussions with the employer.

The trade union delegation operates alongside the Works Council and the Committee for Prevention and Protection at Work, rather than replacing them. Where no Works Council or Committee exists, the trade union delegation may exercise certain information and consultation rights that would otherwise belong to those bodies.

Trade union delegates benefit from specific protection against dismissal. They may generally only be dismissed for serious cause or for economic or technical reasons, and only in accordance with the applicable sectoral procedure, which often involves prior review by the competent joint labour committee. Failure to comply with the procedure may expose the employer to significant protective compensation, which can amount to several years’ remuneration depending on the applicable CBA, seniority and mandate.

Employee Representative Bodies

Belgian law requires employee representative bodies in companies meeting statutory workforce thresholds. These bodies are elected through social elections, which take place every four years. The most recent social elections were held in May 2024, and the next elections are expected in 2028. The main elected bodies are the Works Council and the Committee for Prevention and Protection at Work.

Works Council

A Works Council must be established in companies that employ, on average, at least 100 employees. It is a joint body composed of employer representatives and employee representatives elected during the social elections. Its role is mainly one of information and consultation, although it has limited decision-making powers in specific areas.

The Works Council receives economic and financial information, including annual and periodic information on the company’s situation, productivity and employment outlook. It may give opinions and make suggestions on work organisation, working conditions, employment policies and profitability. It must also be consulted in important restructuring scenarios, including collective redundancies and transfers of undertakings, and plays a role in adopting or amending the work regulations.

Recent amendments to CBA No 32bis have reinforced information obligations in transfer of undertaking scenarios.

Committee for Prevention and Protection at Work

A Committee for Prevention and Protection at Work must be established in companies that employ, on average, at least 50 employees. It focuses on health, safety and wellbeing at work, including psychosocial risks. It must be informed and consulted on prevention policies, the annual action plan and global prevention plan, workplace wellbeing measures, the introduction of new technologies and the appointment or dismissal of the prevention adviser.

Where no Works Council exists, the Committee may exercise certain information and consultation rights that would otherwise belong to the Works Council. In companies without a Committee, some wellbeing-related consultation rights may pass to the trade union delegation or, failing that, directly to the employees.

Trade Union Delegation

A trade union delegation may also be established where the conditions set by CBA No 5 and the applicable sectoral CBA are met. Its composition, thresholds and powers vary by sector. It is not elected through the social elections, but plays an important role in collective bargaining, individual assistance, monitoring compliance with social legislation and, where no elected bodies exist, exercising certain information and consultation rights.

Collective Bargaining Agreements

Collective bargaining agreements, or CBAs, are a cornerstone of the Belgian employment law framework. They are binding agreements concluded between one or more employers or employers’ organisations and one or more representative trade unions, regulating individual and collective employment relations at national, sectoral or company level.

CBAs may be concluded at three levels: at national level within the National Labour Council, at sector level within the competent joint labour committee or subcommittee, and at company level between the employer and the competent trade union representatives. In practice, sector-level CBAs are particularly important, as they often regulate minimum pay scales, working time, bonuses, leave, classification systems, notice-related benefits and employment conditions that go beyond statutory minimums.

Under the Act of 5 December 1968, national and sectoral CBAs may be declared generally binding by Royal Decree. Once declared generally binding, the CBA applies to all employers and employees falling within its scope, regardless of trade union membership or whether the employer was individually involved in the negotiations. Company-level CBAs are binding on the employer and the relevant employees within their scope.

Non-compliance with generally binding CBAs may lead to administrative or criminal sanctions, and employees may invoke CBA rights before the labour courts. For this reason, identifying the competent joint labour committee and monitoring applicable CBAs at interprofessional, sectoral and company level is essential in Belgian employment advice.

Individual and Collective Termination

Belgian employment law distinguishes between ordinary individual dismissal, dismissal for serious cause and collective redundancy. An indefinite-term employment contract may generally be terminated by notice or by payment of an indemnity in lieu of notice, subject to statutory notice periods and any special protection rules.

For ordinary dismissal without serious cause, the employer is not required to state the reasons proactively. However, under CBA No 109, an employee dismissed from an indefinite-term contract may request the reasons for dismissal within the prescribed timeframe. The employer must respond in writing within two months. Failure to do so may trigger a civil penalty of two weeks’ salary, and an unsupported or manifestly unreasonable dismissal may give rise to additional compensation.

Collective redundancy rules apply where an employer with at least 20 employees proposes, within a 60-day period, to dismiss at least ten employees in an undertaking with 20 to 99 employees, at least 10% of employees in an undertaking with 100 to 299 employees, or at least 30 employees in an undertaking with 300 or more employees. The dismissals must be for reasons unrelated to the individual employees.

The collective redundancy procedure requires information and consultation with employee representatives before any final decision is taken, notification to the competent regional employment authority and, where applicable, collective dismissal allowances and an employment support cell. Non-compliance can lead to reinstatement-related claims, additional compensation and possible repayment of public subsidies, making early planning essential.

Notice and Payment in Lieu

Statutory notice periods apply to the termination of indefinite-term employment contracts. The length of the notice period depends mainly on seniority and differs depending on whether notice is given by the employer or the employee. Since the Unified Status reform, the same statutory notice framework applies in principle to blue-collar and white-collar employees, although transitional calculations continue to apply for employees who entered service before 1 January 2014.

Notice must be given in writing, in the applicable social language, and must state the start date and duration of the notice period. Employer notice must be served by registered letter or bailiff. A registered letter is deemed served on the third working day after posting, and the notice period starts on the Monday following the week in which notice is served. Employee notice may also be given by personal delivery of a written notice acknowledged by the employer.

Instead of requiring the employee to perform the notice period, the employer may terminate the contract with immediate effect by paying an indemnity in lieu of notice. The indemnity corresponds to the remuneration and benefits the employee would have received during the applicable notice period, including fixed salary and contractual benefits, and is subject to tax and social security treatment.

For contracts starting on or after 1 June 2026, the employer’s notice period is capped at 52 weeks, subject to acquired rights for existing contracts. Further reforms also standardise notice periods during the first six months of employment for contracts entered into on or after 1 July 2026. Employers should verify the applicable regime at the time of termination.

Serious Cause

Dismissal for serious cause permits immediate termination without notice or payment in lieu of notice. Serious cause is conduct or fault of such gravity that it makes any further professional collaboration between the parties immediately and definitively impossible. The party invoking serious cause bears the burden of proving both the facts and their seriousness.

The procedure is strict. The dismissal must be notified within three business days after the employer has sufficient knowledge of the facts. The reasons must then be communicated in writing within a further three business days. Saturday counts as a business day. In practice, the reasons are usually sent by registered letter and must be sufficiently precise to allow the employee to understand and challenge the allegations.

If the deadlines or formalities are not respected, or if the facts do not qualify as serious cause, the dismissal remains effective, but the employer will owe the ordinary notice indemnity. Depending on the circumstances, other claims may also be brought.

Mutual Termination and Settlements

The parties may agree at any time to terminate the employment contract by mutual consent and determine the termination conditions, including the end date, compensation, handover arrangements and treatment of benefits. Although a mutual termination agreement is not subject to specific statutory formalities, it should be recorded in writing for evidentiary and enforceability purposes.

A settlement agreement may also be concluded after the employee has been formally notified of termination. It usually includes a waiver of further claims, confidentiality, non-disparagement and practical post-termination arrangements. Under Belgian law, employees can validly waive only those rights that have already accrued; waivers of future or non-accrued rights may be unenforceable.

In practice, termination agreements should be drafted carefully to avoid ambiguity on tax and social security treatment, benefits, outplacement, restrictive covenants, return of company property and the effective release of claims. Particular care is required where protected employees or mandatory rights are involved.

Special Dismissal Protection

Several categories of employees benefit from specific protection against dismissal. The protection does not make dismissal impossible, but it restricts the grounds on which dismissal may occur or exposes the employer to additional compensation if the dismissal is linked to the protected status.

Protected categories include employees protected because of a personal situation, such as pregnancy, maternity, parental leave, time credit, career breaks, discrimination or harassment complaints, whistle-blowing and certain illness or re-integration-related situations. Depending on the protection, the employer may need to prove that the dismissal is unrelated to the protected event or status.

Employees may also be protected because of a role within the company, including members and candidate members of the Works Council or Committee for Prevention and Protection at Work, trade union delegates, prevention advisers and company doctors. Employee representatives are among the most heavily protected categories.

For elected or candidate employee representatives, dismissal is subject to strict statutory procedures and is generally possible only for serious cause recognised by the labour court or for economic or technical reasons recognised in the prescribed procedure. Failure to comply does not necessarily invalidate the dismissal, but it may trigger very substantial protective compensation, which can amount to several years’ remuneration.

Manifestly Unreasonable Dismissal

Belgian law does not use a broad concept of wrongful dismissal in the same way as some common-law systems. The main general claim is a claim for manifestly unreasonable dismissal under CBA No 109. This applies where the dismissal is based on reasons unrelated to the employee’s conduct or capability, or to the operational needs of the business, and where no normal and reasonable employer would have made the same decision.

A dismissed employee may request the concrete reasons for dismissal, and the employer must respond in accordance with the CBA No 109 procedure. Failure to respond may result in a civil penalty of two weeks’ remuneration. If the labour court finds the dismissal manifestly unreasonable, it may award damages ranging from three to 17 weeks’ remuneration, depending on the degree of unreasonableness.

Anti-Discrimination Claims

Belgian anti-discrimination law prohibits direct and indirect discrimination, harassment, instruction to discriminate and denial of reasonable accommodation on protected grounds. The protected criteria include, among others, age, sex, pregnancy, maternity, family responsibilities, sexual orientation, civil status, religion or belief, political opinion, language, health condition, disability, physical or genetic characteristics, social origin, trade union affiliation or activity, nationality, presumed race, skin colour, ancestry and national or ethnic origin.

The burden of proof is shared. The claimant must first establish facts that allow a presumption of discrimination. Once such facts are shown, the burden shifts to the employer to prove that there was no discrimination or that the difference in treatment was objectively justified where justification is legally possible.

Remedies may include actual damages or lump-sum compensation. In employment cases, lump-sum compensation is generally six months’ gross remuneration, unless the employer proves that the same measure would also have been taken on non-discriminatory grounds, in which case it may be reduced to three months’ gross remuneration. Separate protection applies against dismissal or detrimental treatment linked to a discrimination complaint, which may also trigger compensation. Courts may additionally order cessation measures or other remedies where appropriate.

Digitalisation of Employment Disputes

Belgian labour court proceedings remain predominantly in person. Videoconferencing is possible in certain circumstances but remains uncommon in labour court practice and depends on the judge’s decision and the circumstances of the case.

Digital filing and electronic communication with the courts are more common in practice. Pleadings, exhibits and correspondence may be filed or exchanged through official digital platforms, although use may still vary depending on the court and procedural stage.

Labour Courts and Representation

Labour courts at first instance hear individual and collective employment disputes, as well as social security matters such as occupational accidents, occupational diseases, unemployment, pensions, illness and invalidity. Appeals are heard by the labour courts of appeal.

Parties may represent themselves in these proceedings, although representation by a lawyer is common. Employees are also frequently assisted or represented by a trade union representative.

Class actions are not generally available in Belgian employment disputes. Employees must usually bring claims individually, although trade unions may assist or represent employees and may bring certain proceedings to protect collective interests.

Arbitration and Settlement

Pre-dispute arbitration clauses in employment contracts are generally not enforceable for ordinary employment disputes. After a dispute has arisen, the parties may in principle agree on alternative dispute resolution, but employment disputes are most commonly handled before the labour courts or resolved by settlement.

Parties may settle at any stage, including after court proceedings have started. Settlement agreements are commonly used after termination and should be documented in writing. In collective disputes, a social mediator may also be involved to facilitate discussions between the employer and employee representatives or trade unions.

The losing party is generally responsible for court costs and a fixed statutory contribution towards the prevailing party’s legal fees. This contribution is not a full reimbursement of actual attorney’s fees and is calculated by reference to statutory scales, subject to limited adjustment by the court.