Employee rights in Belgium

General Employee Rights in Belgium

Employees in Belgium are protected by robust labour laws designed to ensure fair treatment, workplace safety, and social security benefits. Employees are entitled to rights regarding working hours, pay, social security, paid leave, and protection from wrongful dismissal. Belgian law provides a framework for fair compensation, safe working conditions, and work-life balance.

Right to equal pay

Employees have the right to equal pay for equal work, regardless of gender, age, nationality, or any other discriminatory factor. This principle ensures that wages, benefits, bonuses, and other financial compensations must be equal for employees performing the same work under similar conditions. If employees feel they are being paid unfairly, they can file complaints with the labour inspectorate or through their union. Employers found guilty of wage discrimination may face fines and be required to compensate the affected employees for the wage discrepancy.

Right to a safe and healthy workplace

Employees have the right to work in an environment that complies with occupational health and safety standards. Employers are responsible for ensuring workplace safety by taking measures such as providing proper equipment and minimizing job-related risks. This includes conducting regular risk assessments, offering safety training, and supplying protective equipment when necessary. Failure to comply with safety regulations can lead to fines, shutdowns, or even legal action if an employee is injured.

Right to disconnect

Belgium has introduced a right to disconnect to protect employees' work-life balance. This policy requires employers to respect employees' time outside of working hours, ensuring they are not expected to be constantly available via email, phone, or other communication tools when off-duty.

Employers must establish clear guidelines that define working hours and expectations for availability, with employees not required to respond to work-related communications outside these hours unless in exceptional circumstances. Failing to implement the right to disconnect may lead to employee complaints, legal disputes over overtime claims, or stress-related illnesses, resulting in financial penalties or compensation claims.

Employee Protections in Belgium

Protection from unfair dismissal

Employees cannot be dismissed without a valid reason, whether it is economic, technical, or personal. Employers must demonstrate legitimate grounds for termination, such as issues related to the employee's behavior, performance, or operational needs like restructuring. If these reasons are not present, the dismissal can be considered unfair.

Employees who are dismissed without a valid reason have the right to challenge the termination in labour courts, which may result in compensation ranging from a few months' salary to larger sums. Employers who dismiss without just cause may be required to pay damages, reinstate the employee, and provide severance compensation.

Protection against collective dismissals (mass layoffs)

When a company plans to lay off a large number of employees, it must follow specific rules for collective dismissal. This includes consulting with employee representatives, such as works councils or trade unions, and notifying government authorities. Employers are required to provide detailed information about the reasons for the layoffs, the number of employees affected, and the timeline.

Additionally, they must offer support like reemployment services or retraining programs. Companies that fail to comply with collective dismissal procedures may face penalties and could be forced to halt the layoffs or provide additional compensation to affected employees.

Protection against dismissal for specific categories of employees

Certain categories of employees have enhanced protection against dismissal. These include pregnant women or employees on maternity leave, trade union representatives, employees on sick leave or with disabilities, and those who have reported harassment or discrimination.

Employees in these categories can only be dismissed under very strict conditions; for instance, a pregnant employee can only be dismissed for reasons unrelated to her pregnancy and with approval from labour authorities. Dismissing an employee in one of these protected categories without proper cause or process can result in substantial financial penalties, legal action, and reinstatement.

Equal treatment and non-discrimination

Belgian law prohibits discrimination in the workplace based on race, gender, age, sexual orientation, religion, disability, and other protected characteristics. Employers must treat employees fairly in all aspects of employment, including recruitment, pay, promotion, and termination, while actively promoting equal opportunities and preventing harassment. Employers are required to ensure that HR policies comply with anti-discrimination laws, including equal pay for equal work and unbiased hiring processes while fostering an inclusive environment.

Complaints of discrimination must be promptly investigated. Employers found guilty of discriminatory practices may face significant financial penalties, compensation claims, and potential lawsuits. Regulatory bodies, such as the Institute for the Equality of Women and Men, can also intervene and impose sanctions on non-compliant employers.

Job Security in Belgium

Belgian labour law provides strong job security protections for employees, ensuring fair treatment during the termination process and safeguarding employee rights. Notice periods, severance pay, and protection from unfair dismissal are all key components of Belgium’s labour regulations, providing a secure framework for workers. Employers who fail to comply with these regulations may face legal consequences, financial penalties, and reputational damage.