Hire & Pay Employees in Belgium

Belgium sets a statutory minimum wage, revised annually, ensuring fair compensation for employees. Salaries vary depending on factors such as industry, experience, and geographical location.

Employers may implement probationary periods, typically ranging from one to six months, to assess new hires’ suitability for the role and company culture.

If the employer wishes to terminate the contract unilaterally, an indemnity must be paid to the employee. This indemnity is progressive and depends on the employee’s seniority. Upon termination of the employment contract, all outstanding wages must be paid without delay and no later than the first payday following the end date of the contract, as stipulated in Article 11 of the Wage Protection Act.

When a significant percentage of the workforce is made redundant, collective agreements typically provide additional compensation beyond standard unemployment benefits. However, employees dismissed for serious cause or those who resign will not be entitled to unemployment benefits immediately.

The termination process depends on the terms of the employment agreement. The most stringent form of termination is dismissal with notice. Employees who have been with the company for at least 6 months have the right to know the reason for their termination. Certain employees are protected from dismissal on specific grounds; for example, pregnant women cannot be dismissed due to their pregnancy.

Dismissal must be based on legally defined reasons. This includes employees serving as representatives in the Works Council and the Committee for Prevention and Protection at Work (CPPW).

Some sectors have additional procedures outlined in collective bargaining agreements, which may include information and consultation requirements. Even in cases of multiple dismissals, these procedures might not fall under European and national collective dismissal rules.

The parties involved in the contract can choose to either give notice, during which the employment contract remains in effect (notice period), or terminate it immediately by paying a termination fee (immediate termination).

To determine the applicable notice period, consider the following:

• The contract’s start date (before or on/after January 1, 2014).
• Whether the termination is initiated by the employer (dismissal) or the employee (resignation).
• Whether the employee is a blue-collar or white-collar worker.

For the notice to be valid, it must be provided in writing and include the start date and length of the notice period. The notice period begins on the Monday following the week the notice was given. The length of the notice depends on the worker’s length of service and whether the termination was initiated by the employer or the worker.