Central European Time Zone (UTC+01:00) 

The Pay cycle is a notable feature of it that provides a sense of accountability for an employee to be paid consistently for their work.

Payroll frequency is monthly for the work completed between the first and last day of the month. The last day of the month is usually the pay date, but it can be as late as the 15th of the following month.

A 13th salary may apply depending on the Joint Labor Committee. For those employers who pay a 13th-month bonus, it is typically paid at the end of the year. In addition, some employers also add half of a 14th month’s pay.

In the first and last year of employment, the 13th-month bonus is paid pro-rata, assuming the employee doesn’t work a full calendar year.

Belgium’s Federal Public Service Employment, Labor, and Social Dialogue announced on May 22, 2024, that the standard monthly minimum wage was indexed for inflation, effective May 1, 2024. The standard monthly minimum wage has been increased by 2%.

 New Wage Rates:

• Standard Monthly Minimum Wage: Increased to €2,070.48, up from €2,029.88.
• Minimum Wages for Workweeks:

1.  38-hour week: €12.5738 per hour (up from €12.3272)
2.  39-hour week: €12.2514 per hour (up from €12.0111)
3.  40-hour week: €11.9451 per hour (up from €11.7108)

Overtime Regulations

In Belgium, overtime is work performed beyond 8 hours a day or 38 hours a week.

• Indispensable preparatory or finishing tasks
• Urgent loading and unloading of perishable goods
• Exceptional and unforeseen increase in work

• Maximum 11 hours per day and 50 hours per week
• Not exceeding 78 hours in three months or 91 hours in one year

• Premium rate: 50% above regular pay
• Regular pay includes directly related premiums (e.g., hazard, shift, night work)

• Collective agreements may allow compensatory rest instead of overtime pay
• One hour of rest for each overtime hour worked

• Requires written agreement between employee and employer.
• Agreement valid for 6 months, renewable.
• Limited to 100 hours per calendar year.
• The same daily and weekly limits apply (11 hours/day, 50 hours/week).
• Premium pay: 50% for weekdays, 100% for Sundays and public holidays.
• No compensatory rest for voluntary overtime.
• Sectoral agreements may increase the limit up to 360 hours annually, subject to royal decree approval.

The following documents must be maintained by employers for a period of five years:

• individual accounts,
• general and special personnel register,
• employment contracts for students and
• employment contracts for employees who telework.
• right to disconnect: 

With effect from April 1, 2023, employers should monitor whether a sectoral collective agreement on the right to disconnect is to be signed within its joint committee, in the absence of which this should be introduced via a collective labor agreement at a company level in consultation with the unions or via the work regulations.

Whistle Blowing update :
With effect from December 17, 2023 (if the company employs between 50 and 249 employees) and from February 15, 2023 (if the company employs more than 249 employees), the legislation provides for the protection of whistleblowers against retaliation and specific proceedings in case whistleblowers suffer retaliatory measures, they should also ensure that arrangements are in place to protect against retaliatory actions. Employers who fail to fulfill the obligations under the new law or who retaliate against or fail to respect the confidentiality of whistleblowers risk sanctions at level four of the Social Criminal Code, i.e., up to three years imprisonment and a fine of up to €48,000.00 per infringement.

• there is a manifest inequality;
• the purpose and method of the action are clear and adequate;
• the positive action is temporary (with a maximum term of three years);
• the action does not unnecessarily limit the rights of others; and
• the action is proportional. 

The measure for positive action must be laid down in a collective bargaining agreement (CBA) or through a specific procedure in the company (if a CBA cannot be concluded) and must be approved by the Minister of Work.

In general, employers are very reluctant to make use of these procedures as they are considered complicated and burdensome.

Important documents required from the concerned person would be: 

• Copy of their passport
• Copy of their degrees
• Medical certificate
• Criminal record
• Employment contract from the company to the worker
• Proof of health insurance coverage
• Power of Attorney (POA) for the worker of the foreign employer 

If there’s a document in another language, then it needs to be translated by an official translator.

The general probationary period was abolished in 2014 and is no longer allowed. However, a probationary period is still possible for student contracts, temporary work and temporary agency work. For these contracts, the probationary period (the first three days of the contract) automatically applies and, therefore, does not need to be inserted into the written employment contract..

Employment Contracts

Effective from May 8, 2023, a new act seeks to provide employment security to workers on insecure contracts. If the two-year time is exceeded, the open-ended employment contract regulations should be followed.

There are 12 public holidays in the year. According to the Joint Labour Committee, an additional holiday may be granted.

•  1 January - New Year's Day
•  31 March - Easter Sunday
•  1 April - Easter Monday
•  1 May - Labor Day
•  9 May - Ascension Day
•  19 May - Whit Sunday
•  20 May - Whit Monday
•  21 July - National Day
•  15 August - Assumption of Mary
•  1 November - All Saints' Day
•  11 November - Armistice Day
•  25 December - Christmas Day     

Employees' vacation entitlement is based on the preceding year's work, with variations for different workweek structures: 24 days for a 6-day workweek, 20 days for a 5-day workweek, and 16 days for a 4-day workweek. The maximum annual vacation is 4 weeks.

Part-time employees' vacation is calculated based on the number of days worked in the year.

Vacation must be taken within 12 months after the holiday service year ends, including a mandatory uninterrupted week.

Vacation pay includes simple holiday pay (continued monthly salary) and double holiday pay (92% of monthly gross salary for a full holiday). Simple vacation pay is based on the daily average of the preceding 12 months.

Private sector employees receive statutory sick pay for the first 30 days of absence. The employer pays the full wage for the first 7 days, 85.88% for days 8-14, and 25.88% from day 15, with the health insurance fund covering the remaining 60%.

A medical certificate is required after 4 days of illness for sick leave of 2 or more working days.

• Maternity leave is 15 weeks, with 17-19 weeks for multiple births.
• Prenatal leave is mandatory for 7 days before the expected delivery date, with the option to take up to 5 weeks before birth.
• Postnatal leave is 9-14 weeks, with the option to extend if the child remains in the hospital.

Maternity benefits are provided by the health insurance fund, covering 82% of the daily wage during prenatal leave and 75% during postnatal leave. Breastfeeding breaks are allowed for up to 9 months after birth, reimbursed by the health insurance fund.

In case of the mother's death, the remaining maternity leave can be transferred to the father or co-mother.

Click here to learn about the various other leaves in Belgium!

In case the employee terminates the employment contract, the maximum notice period amounts to 13 weeks. This notice period applies in case an employee with at least 8 years of seniority resigns.

In case the employer terminates the employment contract the notice periods are dependent on the length of service/employment:

• 0-3 months service = 1 week notice
• <4 months = 3 weeks
• <5 months = 4 weeks
• <6 months = 5 weeks
• 6-9 months = 6 weeks
• 9-12 months = 7 weeks
• 12-15 months = 8 weeks
• 18-21 months = 10 weeks
• 21-24 months = 11 weeks
• 2< years = notice continues to build each year, capped at 65 weeks notice.

Severance pay is only paid when an employer abruptly terminates an employment agreement. In this case, the severance pay would be equal to what the employee would have earned if they had been given notice. 

For EU Nationals:

Short-Term Stay (Less than Three Months): EU nationals planning to stay in Belgium for less than three months must register with the relevant local authority upon arrival.

Long-Term Stay (More than Three Months): If the stay exceeds three months, EU nationals must obtain a registration certificate from their local authority.

Permanent Residency: After residing in Belgium for three years, EU citizens must transfer their health and social security coverage to Belgium to apply for permanent residency.

For Non-EU Nationals:

Visa Requirement: Citizens of non-EU countries are required to obtain a visa and/or work permit to enter and work in Belgium.

Short-Term Visa (Less than 90 Days): A short-term visa is necessary for individuals staying in Belgium for less than 90 days.

Long-Term Visa (More than 90 Days): For stays exceeding 90 days, a long-term visa is required. Additionally, a work permit is typically needed, which the prospective employer should apply for well in advance.

Application Process: The conditions and procedures for obtaining a work permit depend on the type of employment and the region in which the employer is based. To extend a work permit, the application must be submitted to the Economic Migration Department at least two months before the permit's expiration date.

Background checks must comply with:

When conducting background checks on potential employees, employers must respect the privacy rules set out in the EU General Data Protection Regulation. 

This includes adhering to the principles of relevance and non-discrimination. It is prohibited to request criminal records or credit history information, except for specific professions where such information is relevant. 

Employers are responsible for ensuring that any third parties conducting background checks also comply with these rules, as they can be held accountable for their actions.