In Belgium, remote work (teleworking) is regulated under specific labour laws covering aspects like working hours, health and safety, and compensation. Employees can request either occasional (ad hoc) or structural (regular) teleworking by submitting a formal application, detailing the location, schedule, and resources they’ll need. Employers then review these requests based on role suitability, company needs, and feasibility of support, consulting HR, IT, and legal teams as needed.
If approved, a written agreement is required, outlining terms such as compensation adjustments, work schedules, and covered expenses. Health and safety requirements must also be met, with regular reviews to ensure compliance. This structure enables compliant, transparent remote work arrangements that meet legal standards while aligning with both employee and employer needs.
If the request is approved, a formal remote work agreement must be drafted. Belgian law requires this agreement to be in writing, clearly detailing the terms and conditions of the remote work arrangement. Key components include:
Employers must have a written agreement or policy in place for remote work, which can be included in an individual contract or a collective labour agreement. This document should cover details such as the work location, duration of telework, tasks to be performed, and methods of monitoring the work. It must also specify costs covered by the employer, like internet or equipment expenses. Employers and employees should agree on the terms before remote work begins, outlining how performance is monitored, communication protocols, and whether teleworking days are fixed or flexible.
Employers are responsible for providing necessary tools or reimbursing costs related to remote work. Without a written agreement, employers may face legal disputes or penalties for non-compliance, with employees potentially claiming compensation for additional costs or disputes over working hours and workload.
Even when employees work remotely, employers are responsible for ensuring that the working environment is safe and ergonomically appropriate, meeting health and safety regulations. Employers must carry out risk assessments to determine if the home setup is adequate for long-term work. They should provide guidelines or training on creating a safe workspace, and in some cases, send a prevention advisor or require employees to complete a checklist to verify compliance.
Remote workers must also be covered under occupational accident insurance while working from home. Failure to meet these health and safety obligations can expose employers to liability if an employee is injured due to unsafe working conditions, resulting in legal claims, fines, or compensation payouts. Non-compliance with Belgian occupational health laws can also trigger inspections and penalties from labour authorities.
Employers must ensure that teleworking arrangements comply with the General Data Protection Regulation (GDPR) and Belgian data protection laws, securing company data and protecting employee and customer privacy. Employees are required to follow strict guidelines for handling sensitive information. Employers should provide a secure IT infrastructure, such as VPNs and encrypted communication tools, and establish clear policies on data handling, storage, and sharing.
Employees should also be trained on cybersecurity best practices, including recognizing phishing attempts and protecting personal devices used for work. Failure to implement adequate data protection measures can lead to data breaches, which may result in significant financial penalties under GDPR, reputational damage, and loss of customer trust. Employers may also be liable for damages caused by insufficient data protection during remote work.
Belgian law allows for the reimbursement of certain expenses incurred by employees while working from home, such as internet usage, electricity, heating, and office supplies. Employers may provide lump-sum allowances or reimburse actual expenses. A tax-free monthly allowance, currently set at €144.31, can be offered to cover these costs, and additional reimbursements can be made for specific items like office furniture or IT equipment if required for the job. These arrangements should be clearly outlined in the remote work policy.
Failure to reimburse these costs may entitle employees to claim compensation, potentially leading to disputes or reports to labour authorities. Employers who do not comply risk fines and potential back-pay obligations.
Employers must establish clear guidelines on how employee performance will be monitored while working remotely, including the use of tracking tools or performance metrics. These measures must comply with privacy laws and respect employees' rights. Employers should balance performance monitoring with privacy, ensuring that any surveillance is transparent, proportional, and justified.
Regular check-ins or virtual meetings can be used to track progress, but constant or invasive monitoring, such as webcam surveillance, may breach privacy laws. Inappropriate monitoring practices can lead to violations of privacy regulations, resulting in legal action by employees and significant fines under GDPR or from the Belgian Privacy Commission.
Employers must take steps to prevent social isolation and foster a sense of community among remote employees. Although this is not explicitly a legal requirement, it is crucial for employee well-being in a remote work environment. Regular virtual and in-person team meetings are encouraged, and employers should provide access to mental health support and organize team-building activities to maintain connection and engagement.
Failing to address social isolation can lead to lower employee morale, increased turnover, and burnout, all of which negatively impact the company’s productivity and culture.
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