Yes or no
Is an employer obliged in Belgium? Yes or no
The short questions employers in Belgium look up most. The answer is in the first sentence, followed by the rule, the exception, the risk and what to do.
40 questions, last checked on . Every yes or no follows from the legal text or the official instruction, with the link on the page itself.
Hiring and paperwork
Dimona, the contract, the work rules and the rules that apply to every employer.
- Yes
Do I need to file a Dimona for a student?
You file a Dimona for every student you employ, at the latest when they start work, of type STU if you apply the solidarity contribution. - Yes
Do I need to file a Dimona for a flexi-job worker?
For a flexi-job worker you file a Dimona FLX per quarter before they start, and only with the answer OK may they work as a flexi-job worker. - No
Do I need to file a Dimona for an agency worker?
For an agency worker, the temporary work agency files the Dimona, because the agency is the employer and your company is the user. - No
Is a written employment contract required?
A written employment contract is not required for full-time work of indefinite duration, but it is required for fixed-term work, part-time work, replacement and student work. - Yes
Are work rules mandatory?
Work rules are mandatory for every employer with employees, whatever the number of employees. - No
Is a social secretariat mandatory?
A social secretariat is not mandatory: an employer may file its social declarations itself, and appointing an agent is a choice. - Yes
Is a collective agreement mandatory for a company?
A collective agreement is mandatory for every company once it has been declared generally binding: it then applies to every employer in the joint committee, even without membership of an employers' organisation. - No
Is a pre-employment medical examination mandatory?
A pre-employment medical examination is not mandatory for every employee, only for a risk job, night or shift work, a young person under 18 or domestic staff.
Pay and benefits
What you must pay, when, and what is only compulsory if your collective agreement says so.
- Yes
Is the minimum wage mandatory?
The minimum wage is mandatory: you pay at least the pay scale of your joint committee, and a full-time employee aged 18 or over gets on average at least € 2,233.61 gross a month. - Yes
Is a payslip mandatory?
A payslip is mandatory: with every final payment of wages, the employer gives the employee a pay statement, on paper or electronically. - No
Can an employer pay wages late?
An employer may not pay wages later than the payday set in the collective agreement or the work rules, and without such a rule at the latest 4 working days after the work period. - No
Can an employer simply withhold wages?
An employer may only withhold the wages that Article 23 of the Pay Protection Act allows, and apart from tax and NSSO contributions, at most 20% of net pay in total. - Yes
Is an end-of-year bonus mandatory in JC 200?
In JC 200 an end-of-year bonus is mandatory: the employer pays its white-collar employees a bonus equal to monthly pay, unless it already gives a benefit that is at least equivalent. - No
Is an employer required to give meal vouchers?
An employer is only required to give meal vouchers if a sector agreement, a company agreement or a written individual agreement provides for them. - Yes
Does the employer have to pay for the train season ticket?
An employer in the private sector must pay a fixed share of the train season ticket for commuting, whatever the distance, under collective agreement no. 19/9 or a more favourable sector agreement. - Yes
Is holiday pay mandatory?
Holiday pay is mandatory for every employee: a white-collar employee gets it from the employer; for a blue-collar worker, the employer pays contributions and the RJV or a holiday fund pays it out. - Yes
Is a public holiday paid?
A public holiday is paid: the employee gets normal pay for each of the 10 statutory public holidays on which they do not work, and also for a replacement day. - Yes
Must you pay wages if you send an employee home because there is no work?
If you send an employee home because there is no work, you pay them for that day, unless the contract is lawfully suspended.
Students, flexi-jobs and working time
Student workers, flexi-jobbers and pensioners, and what counts as working time.
- Yes
Does a student have to pay NSSO contributions?
A student must pay NSSO contributions, but within the quota only a solidarity contribution: 2.71% for the student and 5.42% for the employer. - Yes
Can a student work more than 650 hours per year?
A student may work more than 650 hours per year, but above those hours employer and student pay ordinary social contributions instead of the solidarity contribution. - Yes
Can a pensioner do a flexi-job?
A statutory pensioner may do a flexi-job, without the condition of having worked at least 4/5 elsewhere in quarter T-3. - No
Can a student worker do a flexi-job?
A student worker cannot do a flexi-job on the basis of their student work: work under the solidarity contribution does not count towards the required employment of 4/5 in quarter T-3. - No
Does an employer have to pay for breaks?
An employer does not have to pay for breaks if the employee is free to use their time during the break, because such a break is not working time.
Well-being, safety and privacy
Insurance, prevention, first aid, work clothing and what you may check.
- Yes
Is work accident insurance mandatory?
Work accident insurance is mandatory: every private-sector employer insures its employees with an authorised insurer from the first working day. - Yes
Is a prevention adviser mandatory?
A prevention adviser is mandatory: every employer has an internal prevention service with at least one prevention adviser, and below 20 employees the employer may take on that role personally. - Yes
Is first aid mandatory in a company?
First aid is mandatory in every company: the employer organises first aid, with basic equipment, a first-aid kit and appointed people who quickly help employees who are injured or taken ill. - Yes
Is a confidential counsellor mandatory?
A confidential counsellor is mandatory for an employer with 50 or more employees; below that, only if the entire union delegation, or without a delegation all employees, ask for one. - Yes
Must the employer provide water?
The employer must provide water: drinking water or another drink, with individual cups, in places employees can easily reach. - Yes
Must the employer provide work clothing?
For dirty work, the employer must provide work clothing: free of charge, it remains the employer's property and the employer pays for washing, repairs and maintenance. - Yes
Can an employer carry out a drug test?
An employer may carry out a drug test, but only a non-biological test such as a reaction test, if the work rules provide for it, the purpose is preventive and the employee consents. - Yes
Can an employer monitor employees' emails?
An employer may monitor employees' emails for a purpose listed in collective agreement no. 81, if it informs the employees in advance and in principle keeps the monitoring general.
Leave and absence
Who pays what during leave, and what you may ask or refuse.
- Yes
Is birth leave paid?
Birth leave is paid: the employer pays normal pay for the first 3 days, and for the remaining days the employee gets a benefit from their health insurance fund. - No
Is parental leave paid by the employer?
Parental leave is not paid by the employer: the employee suspends or reduces their work and can get a monthly benefit from the National Employment Office (RVA) for it. - Yes
Must an employer give time off for a job interview?
During the notice period, an employer must give time off for a job interview: the employee may be absent with pay to look for a new job. - No
Does an employee have to disclose their illness to the employer?
An employee does not have to disclose their illness to the employer: the sick note only states that they are unfit for work, the likely duration and whether they may leave home.
Dismissal and end of contract
Formal rules, notice, protected employees and the documents at the end.
- Yes
Must a dismissal be sent by registered letter?
A dismissal with notice by the employer must be sent by registered letter or served by a bailiff, otherwise the notice is void. - No
Does an employer have to give notice on a fixed-term contract?
An employer does not have to give notice on a fixed-term contract: a fixed-term contract ends automatically on the agreed end date. - No
Can an employer dismiss an employee during parental leave?
An employee may not be dismissed during parental leave, except for serious cause or a sufficient reason unrelated to the leave. - No
Can you dismiss a pregnant employee?
You may not dismiss a pregnant employee for a reason related to her pregnancy or childbirth, from the moment you know of the pregnancy. - No
Can an employer refuse a resignation?
An employer may not refuse a resignation: an employee with an open-ended contract may always give notice, provided they respect their notice period.
Employer question
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