Employment Law Overview Belgium

Introduction

Belgium has fairly extensive protective labour laws, as enacted by Parliament. Moreover, collective bargaining between the so-called ‘social partners’, i.e. the employers’ organisations and the trade unions, plays a very important role in the shaping of the rules of labour law. Case law, in particular that of the Supreme Court and the Constitutional Court, can have considerable influence on the application of labour and employment law in practice. In Belgium, specialised labour courts deal with disputes in relation to employment relationships. Enforcement of labour law provisions may also be initiated by other authorities, including the labour inspectorate or tax and social security authorities. The Social Inspectorate also provides information to employers and workers, gives advice, arbitrates and verifies whether labour law and the various collective labour agreements are complied with.

Key Points

• Collective bargaining agreements are entered into on national or industry level between the trade unions and employers’ organisations or on company level between the trade unions and an individual employer. They include provisions with regard to wages and working conditions.
• Belgian labour law is characterised by stringent language regulations. All labour documents and labour-related communications with the employees must be conducted in either Dutch, French or German, depending on the location of the employer’s operating unit. The sanction is the nullity (with the exception of the Brussels and German regions where the sanction is the replacement of the document).
• As a rule, termination of an employment contract is not subject to any prior administrative or court approval in Belgium. The calculation of notice periods is based on the seniority of the employee. Moreover, all employees have the right to ask for the concrete reasons which have led to dismissal.
• Well-being and anti-discrimination have an increased importance in Belgian labour relations.
• The Belgian labour market is characterised by a high insider-outsider effect (especially for migrant workers, older workers and people with disabilities) and low professional mobility because of high minimum wages and high levels of protection offered by labour law provisions and the social security system.

Legal framework

Employment law in Belgium is mainly based upon the following sources:

• International law and EU law, especially EU Regulations and Directives;
• The Constitution;
• National Acts, in particular the Act of 3 July 1978 on employment contracts;
• Legislative Decrees of the Regions and Communities;
• Royal and Ministerial (executive) decrees;
• Collective bargaining agreements, i.e. agreements on national, sectorial or company level between one or more trade unions, on the one hand, and one or more employers’ organisations or one or more employers, on the other hand, on a wide range of collective labour issues;
• Employment contracts;
• Internal work rules (‘arbeidsreglement / règlement de travail’), i.e. a mandatory document including a set of rules that are proper to the employer and the employees of his/her undertaking;
• Policies;
• Custom.

In principle, case law precedents have no legally binding force. Yet, in practice, decisions of the highest courts, i.e. the Supreme Court (‘Hof van Cassatie / Cour de Cassation’) and the Constitutional Court, have strong persuasive authority, especially when confirmed repeatedly. Also, judgements of international courts like the Court of Justice of the European Union and the European Court of Human Rights, can have an important impact.

New Developments

The act of 28 June 2023 updated Belgium’s discrimination laws to better reflect social changes. It recognizes multiple discriminations (cumulative and intersectional) and introduces discrimination “by association” and “based on a presumed criterion.” These changes allow a stricter justification standard and a potential for double compensation in a case of distinct damage.

Next, the act of 17 July 2023 aligned Belgium’s annual leave rules with the European Working time Directive, allowing employees to transfer unused holidays if they become ill during their leave. Employees must fulfil three obligations: notify the employer of incapacity and their location, provide a medical certificate within two working days, and inform if they wish to carry over unused leave, though the employer may refuse if it is in conflict with work organisation.

On 21 December 2023, the Labour Court of appeal in Brussels ruled that Deliveroo riders should be classified as employees rather than independent workers, overruling a previous ruling. The court found that Deliveroo did not meet the conditions for applying the beneficial tax system and determined that the riders work relationship fulfilled the criteria for employee status. Deliveroo went into appeal before the Supreme Court (still pending).

By the act of 22 December 2023, the Belgian government expended the flexi-jobs system to 12 new sectors as from 1 January 2024. New rules require flexi-jobbers to be paid sector-specific wages and impose a six-month waiting period for those reducing their hours to 4/5ths before starting a flexi-job.

In order to boost the creation of employment, Belgium knows a system of reductions of the social security contributions paid for the first employees hired by a company. However, the hiring incentives have been reduced since 1 January 2024.

On 1 February 2024, the Parliament approved a reform to Book 6 of the civil code, effective on 1 January 2025. It removed the quasi-immunity of workers, allowing principal creditors to sue them directly for extra-contractual liability. However, workers’ liability is still limited to fraud, gross negligence or habitual minor negligence. Liability exclusion clauses can further limit but not fully eliminate workers’ liability.

The act of 13 March 2024 introduced new rules for motivating dismissals in the public sector, aligning it more closely with the private sector standards. Effective 1 May 2024, public employers must proactively provide a written motivation for dismissal and conduct a preliminary hearing before making a decision.

The act of 24 March 2024 enhanced the protection for employees undergoing fertility treatments by amending existing employment laws. It provides two main protections: against dismissal and against discrimination. This law has come into force on 28 April 2024.

Further, The Belgian Federal Learning Account (FLA) implemented on 1 April 2024 requiring employers to register professional training data for employees.

Finally, the Reform of the Social Penal Code was approved on 8 May 2024. It increases fines for certain levels and introduces new offenses. Sanction levels for various infractions have been adjusted. The reform introduces the extension to three years of the period for repeat offenses and presents two new aggravating factors. The reform entered into force on 1 July 2024.