When a written employment contract is required
In principle, an employment contract is valid without a written document. The Employment Contracts Act does require one for a fixed-term contract or a contract for a clearly defined task (Article 9), part-time work with the working-time arrangement and the work schedule (Article 11bis), a replacement contract (Article 11ter) and a student contract (Article 123), each per employee and at the latest at the start. Paper or electronic is enough.
Exceptions
A homeworking contract must also be in writing, and a flexi-job worker needs a framework agreement before the first employment. With an oral contract, you give the employee the key terms of the employment relationship in writing or electronically, at the latest on the first working day.
What is the risk?
Without a written document, a fixed-term contract, a replacement contract and a student contract count as a contract of indefinite duration, and a part-time employee chooses the most favourable part-time arrangement in your company. Failing to provide the mandatory information on the employment relationship risks a level 3 offence under Article 188/4 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000.
What to do
Record every contract in writing or electronically before the first working day, and for part-time work state the working-time arrangement and the work schedule.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .
- FOD WASO, Bedragen van de administratieve geldboeten
- FOD WASO, hoe een geldige arbeidsovereenkomst afsluiten
- Sociaal Strafwetboek (wet van 6 juni 2010), Justel
- Wet van 3 juli 1978 betreffende de arbeidsovereenkomsten, artikelen 9, 11bis, 11ter en 123 (Justel)
- Wet van 7 oktober 2022 (transparante en voorspelbare arbeidsvoorwaarden), Justel