Thinking about using an Employer of Record in Spain? Discover why that's not a good idea.
Watch Now
Belgium has comprehensive labour laws designed to ensure fair and safe working conditions for all employees. Employers are required to provide a safe and healthy working environment, fair wages, reasonable working hours, and opportunities for work-life balance. These regulations are enforced by the government and labour inspectorates, and breaches can result in severe penalties.
In Belgium, the standard working hours are 38 hours per week, and employers must ensure that employees do not exceed these hours unless specified in collective labour agreements. Overtime must be compensated, typically at 150% of regular pay for weekday overtime and 200% for work on Sundays or public holidays. Any work beyond the standard 38 hours must be documented, and overtime must be paid accordingly or compensated with time off.
Overtime is often limited to specific situations, such as urgent work, and must meet legal conditions. Employers who fail to comply with working hour limits or overtime compensation may be fined by labour inspectors, and employees may seek back pay. Systematic abuse can lead to more severe penalties, including legal action.
Employers in Belgium are responsible for providing a safe working environment that complies with occupational health and safety standards. This includes conducting risk assessments, implementing preventive measures, and ensuring employees receive necessary safety equipment and training. Employers must comply with the Well-being at Work Act, which covers mental well-being, ergonomic working conditions, and safety training.
Regular risk assessments must be conducted, and safety policies must be updated accordingly. A prevention advisor or occupational health officer must be appointed to oversee these standards, and employees must be informed about risks and trained to avoid accidents. Non-compliance can lead to fines, penalties, or even criminal charges in cases of serious negligence, especially if employees are injured or exposed to hazards.
Belgian law requires that employees receive a formal notice period before their employment contract is terminated. The length of the notice period depends on the employee's length of service, ranging from 2 weeks for those with less than six months of service to up to 62 weeks for employees with over 20 years of service. If an employer dismisses an employee without providing the notice period, they must pay compensation equivalent to the salary for the remaining notice period.
Employers who fail to comply with notice period obligations must compensate the employee for the wages they would have earned during that time.
Intellectual Property (IP) rights in Belgium protect creations of the mind, such as inventions, literary and artistic works, and symbols used in commerce. IP ownership is especially important for employees involved in creative, research, or development activities. Under Belgian law, IP rights include copyrights, patents, trademarks, and trade secrets. Typically, any IP created by an employee within the scope of their employment belongs to the employer, unless the employment contract states otherwise.
Employers usually include IP clauses in contracts to clearly define ownership of creations or inventions made by employees during their employment. If these clauses are not clearly defined, disputes may arise, leading to claims from employees regarding ownership or compensation. Employers who fail to honour IP agreements could face legal consequences, including compensation claims.
In Belgium, business transfers, such as mergers and acquisitions, are regulated to protect employees' rights when business ownership changes. These regulations ensure that employees maintain their employment terms and conditions during a transfer. Belgian law follows the EU Transfer of Undertakings (Protection of Employment) (TUPE) regulations, which require that employees' contracts, rights, and benefits—such as salary, seniority, and other benefits—are preserved during a business transfer.
Employees are automatically transferred to the new employer under the same terms, and the new employer inherits their rights and obligations. Employees cannot be dismissed solely because of the transfer, and any planned changes require employee consultation. Failure to comply with these obligations may lead to penalties, claims of wrongful termination, and legal disputes if employees' terms of employment are negatively impacted.
Master the complexities of global employment and ensure a seamless employment experience for your team.
Talk to us
