HR employee holding blue folder ready to sign a contract

Employment contracts, Business Centrum Ghent

Employment contract
drawn up for you.
Always correct.

Every type of employee, every contract correct. A wrong contract is legally not a contract. The law then automatically treats your employee as permanently employed.

The legal reality

Why contracts cannot be improvised

The Employment Contracts Act is precise. Errors are not administrative — they are labour law matters. That means a judge reverses them, and the employer pays.

Employment Contracts Act of 3 July 1978 - Art. 9

Fixed-term employment contracts must be set out in writing before the start of the performance of the contract.

Concrete case - Hospitality, Ghent

A hospitality business concluded a verbal agreement. The employee complained after 3 months. The Labour Court ruled: open-ended contract. Notice indemnity: 3 weeks' pay.

1.575euros notice indemnity

Legal consequence no. 1

Temporary contract renewed too often without valid reason

Without a valid reason (replacement, project, seasonal work), you may conclude at most four successive fixed-term contracts, each of at least 3 months and together no longer than 2 years. Beyond that, the contract becomes open-ended by law. You cannot undo this.

Art. 10 AOW|Applies regardless of what the contract states

Legal consequence no. 2

Part-time contract without precise hours

A part-time employee without a properly published schedule is presumed to work full-time, unless the employer proves otherwise. If it cannot, the employer risks NSSO contributions and, in practice, also full-time pay for the entire duration of the contract.

Programmawet 22.12.1989|Also applies to variable schedules without formal notification

Contract types

The contract types we draft

Each contract type has its own legal requirements. Drafting a student contract as a regular employment contract costs you more than four times the NSSO contributions. We always choose the correct type.

01

Open-ended contract (OEC)

Standard

No end date. Notice follows a statutory scale, the same for blue- and white-collar workers: 8 weeks after 1 year's seniority, 15 weeks after 4 years, then 3 more weeks per commenced year (less from 20 years). For contracts starting from 1 June 2026, notice is capped at 52 weeks. Verbal agreements are technically valid but always cause problems in disputes.

02

Fixed-term contract (FTC)

Written required

Must be in writing, signed before the start date. Max. 4 successive contracts of at least 3 months, together no more than 2 years (3 years with the inspectorate's approval, with contracts of at least 6 months). Beyond that: the court reclassifies the contract as open-ended, with all corresponding notice indemnities.

03

Part-time employment contract

Schedule required

Exact schedule set out in writing. Variable schedule: each week or change must be communicated in writing 7 working days in advance (a sectoral collective agreement can reduce this to no less than 3). Schedule missing or vague? The employee is presumed full-time unless you prove otherwise. You risk the wage difference for the entire contract duration.

04

Student contract

Max. 650h/year

NSSO solidarity contribution of 5.42% (employer) + 2.71% (student) instead of the regular contributions (13.07% employee plus the employer contribution). Valid up to a maximum of 650 hours per calendar year, across all employers. After 650 hours, the student falls fully under the normal NSSO regime. The employer repays the difference to the NSSO.

05

Flexi-job contract

28% special contribution

Employee must be active elsewhere at least 4/5 or be retired. No NSSO contributions for the employee; the employer pays a special contribution of 28%. Each individual performance must be declared separately. No valid framework agreement or performance declaration: the NSSO applies standard rates retroactively.

Clauses

What must be in it. What may be in it.

The law determines which provisions are mandatory. If one is missing, what the law says automatically applies — not what you intended.

Optional but important

Probation periodAbolished since 1 January 2014, for blue- and white-collar workers. Exceptions: student contracts and temporary agency work (first 3 working days).
Non-competition clauseThree salary thresholds (2026): void below €44,447 gross/year; between €44,447 and €88,895 only valid if a CLA designates the eligible functions; above €88,895 always valid (except functions excluded by CLA). Max. 12 months. Geographically limited. Compensation mandatory.
Training clauseRepayment of training costs if employee leaves within agreed period. Cap: 30% of annual salary.
ConfidentialityValid without a specific amount. Must be proportionate to the function.
Remote work policyMust be set out in writing for structural remote work. Cost reimbursement, availability and equipment must be included.
Employment Contract - Mandatory provisionsWet 7.10.2022, art. 4-5
01
PartiesMANDATORY
If missing?Contract is not identifiable. All obligations fall on the employer.
02
Start dateMANDATORY
If missing?Proof problem in disputes about seniority or notice period.
03
Function / DescriptionMANDATORY
If missing?Employee can refuse tasks not mentioned in the contract.
04
Salary (gross)MANDATORY
If missing?Court automatically applies the sectoral minimum wage for the joint committee.
05
Working hours (full-time / part-time)MANDATORY
If missing?Part-time contract without hours: the employee chooses the most favourable regime and schedule applied in the company. See Art. 11bis Employment Contracts Act.
06
Place of workMANDATORY
If missing?Employer cannot require the employee to work at a location different from what was agreed.
07
Joint committee (JC number)MANDATORY
If missing?Wrong JC number = wrong pay scales, wrong premiums, incorrect NSSO calculation. Recovery up to 5 years.
08
Notice periodsMANDATORY
If missing?Statutory periods apply automatically; a clause to the employee's detriment is void.
Employer signatureEmployee signature
Handdruk bij ondertekening arbeidsovereenkomst

A good contract protects both employer and employee.

Real scenarios

The dangerous mistakes

These are not theoretical risks. Each of the following cases is a pattern regularly handled by the Belgian Labour Court.

Scenario A - Construction

Temporary contract extended three times

A construction company concluded a fixed-term contract for 6 months, extended it three times for new projects. A fourth extension for a subsequent project. After the fourth extension, a dismissal followed.

Outcome

Labour Court: fourth extension not permitted. The contract had become open-ended by operation of law. The dismissal was not the end of a temporary contract but a dismissal with notice.

12 weeksnotice indemnity

Scenario B - Retail

Part-time contract without schedule

A supermarket drew up a part-time contract for "an average of 20 hours per week", without a fixed schedule. The employee worked variable hours, never communicated in writing in advance. After a complaint, a social inspection followed.

Outcome

Inspection: no valid part-time contract. The employee was considered full-time for the entire duration of the contract. The difference between part-time and full-time pay had to be reimbursed.

3.200euros reimbursed

Scenario C - Hospitality

Student exceeding the 650-hour limit

A hospitality business had a student work 680 hours in one calendar year. After the first 650 hours, the favourable solidarity rate no longer applied. The employer did not know the maximum and applied student rates for the full year.

Outcome

NSSO recovery: regular NSSO (13.07% employee plus the employer contribution) on the 30 extra hours. Calculation based on gross hourly wage. Additionally: administrative fine for incorrect declaration.

340euros NSSO fine

Special clauses

The non-competition clause and other key clauses

These clauses are optional but consequential. Included too often when they are legally invalid. Included too rarely when they offer protection.

Non-competition clause

Only valid if all cumulative conditions are met

Salary threshold44.447euros gross/year lower threshold (2026)
Maximum duration12 monthsafter contract termination
GeographicLimitedarea explicitly stated

The employer must pay compensation of at least half the salary for the duration of the prohibition, unless it waives the clause within 15 days after the contract ends. The clause has no effect if the contract ends in the first 6 months or on dismissal by the employer without serious cause. An invalid clause is void: the employee does not have to comply.

Training clause

Repayment of training costs if the employee leaves within an agreed period. Cap: 30% of annual salary. Valid only if the training lasts at least 80 hours or is worth more than twice the average minimum monthly income (4,467.22 euros since 1 July 2026), and the annual salary exceeds 44,447 euros (2026), except for training for a shortage occupation.

Remote work policy

For structural remote work, must be set out in writing: cost reimbursement, availability agreements, who provides equipment. If absent? The employee may then work at the employer's premises.

Our approach

From hiring to contract in 24 hours

You provide the details. We verify the joint committee, choose the correct contract type and submit the DIMONA.

U

You - day 0, morning

"I want to hire Jan Pieters as a white-collar employee, 3,000 euros gross per month, 4/5 working regime. He starts Monday."

BC

Business Centrum - day 0

Verifies the joint committee based on the sector. Proposes the contract form (open-ended, white-collar 4/5). Determines the correct pay scale. Requests the exact schedule.

✓ JC determined

✓ Contract type chosen

✓ Schedule confirmed

BC

Business Centrum - day 1, morning

Draft contract sent for review. All mandatory provisions present. Correct notice periods, correct joint committee, exact schedule.

U

You - day 1, afternoon

Signs digitally. Contract valid.

BC

Business Centrum - day 1, end of day

DIMONA submitted to the NSSO. Personnel file created. Contract archived. Jan Pieters is correctly registered for Monday.

DIMONA ✓Dossier ✓Contract ✓

Frequently asked questions

FAQ

Have a question not listed here? Get in touch.

Sources

Every amount and deadline on this page was checked against these official sources, last consulted on .

Contracts drafted correctly, always and quickly

Give us the name, function and salary. We choose the correct contract type, verify your joint committee and deliver a ready-to-sign contract within 24 hours.

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