Belgium held elections on 9 June 2024 and negotiations for forming a federal government are still ongoing at the start of 2025. Below, we first look at some reforms that entered into force at the beginning of 2025. Then, we have a sneak peek at some of the possible reforms that are being discussed by the current coalition partners.
1. Main novelties of 2025
a. Reform of extra-contractual liability of employees
As of 1 January 2025, clients or other contractual parties of employers can directly bring a claim against an employee if he/she caused damage in the execution of his/her employment contract. Before, the client always had to direct the claim against the employer and not against the employee. In any case, the liability of the employee remains limited to cases involving fraud, gross negligence, or habitual minor negligence. Furthermore, it is possible to contractually exclude direct claims against employees. For more information, we refer to our previous article.
b. Legal retirement age increases to 66
The legal retirement age is increased from 65 years old to 66 years old as of 1 January 2025. In 2030, the retirement age will be further increased to 67 years old.
c. Registration of flexi-job income
Employers of flexi-job employees need to register the flexi-salary every time they calculate the remuneration (in principle, once a month). This registration is added to (and does not replace) the obligation of the DmfA-registration per quarter. The new registration will allow flexi-job employees to monitor their flexi-income via mycareer.be to ensure that they do not reach the maximum threshold of 12,000 EUR per year. Flexi-jobs allow workers to earn extra income with a side job in certain sectors. Below the threshold, the income of flexi-jobs is treated beneficially from a tax and social security perspective.
d. Increase of foster parent leave and adoption leave
Employees taking adoption leave or foster parent leave are entitled to an individual credit of a maximum of 6 weeks’ leave and an additional credit that can be divided amongst the parents. This additional credit is increased to 4 weeks from 1 January 2025.
e. Changes to indexation of remuneration
Several sectors have introduced new systems for the indexing remuneration. The most important is the new indexation in Joint Committee No. 100 (blue-collar workers not falling under another joint committee). For workers with an hourly wage higher than the sector minimum, the sector now provides an indexation on 1 January. There are also changes in JC no. 130 and JC no. 336.
f. Enforcement of the compulsory registration in the cleaning sector
The compulsory registration of the presence of workers in the cleaning sector entered into force on 1 January 2024. As of 1 January 2025, the transition period has ended, and employers who do not comply with the obligation will be prosecuted and fined. For more information about this obligation, read our previous article.
g. Decrease of maximum hours of student work
In the past years, the maximum number of hours students work was temporarily increased to 600. As of 1 January 2025, the temporary increase ceased to exist, which means that the maximum is brought back to 475 hours. As for the 476th hour, student work will be taxed as normal remuneration (and the parents of the student risk losing tax benefits as their studying children will no longer be viewed as dependent persons). However, it is expected that the new federal government will again increase the threshold to 600 in the coming months.
2. Topics under discussion in the Federal negotiations
The political parties are currently negotiating a coalition agreement. Below, we list some topics that are possibly on the table, although we cannot give any certainty due to the secret nature of the negotiations:
- Reduction of unemployment benefits to 2 years (now there is no limit).
- Limited possibility for an employee who resigns to claim unemployment benefits without suspension (only once in a career).
- The compulsory minimum of 3 hours of work (per day/week) will be abolished.
- Night work is from midnight instead of 20h.
- Abolishing the prohibition of Sunday work and working on public holidays.
- Relaxation of rules regarding compulsory closing times.
- Relaxation of the rules regarding hiring out of employees.
- Further relaxation of rules regarding flexi-jobs.
- Possible limitation of dismissal compensation to 52 weeks.
- Limitation of dismissal protection.
- Longer period of guaranteed remuneration during illness.
- Reform of reintegration procedure for long-term ill employees (stricter for employers and employees).
- Reform of indexation system.
- Reduction of the number of joint committees.
- Trade unions are given legal personality.
- Reform of dismissal protection for worker representatives and candidates during social elections.