The Basic Employment Contract serves as the foundational document for establishing employment relationships in Belgium. This document is essential when hiring new employees or formalizing existing employment relationships, ensuring compliance with Belgian employment legislation, particularly the Employment Contracts Act of 1978. It includes mandatory provisions required by Belgian law regarding working conditions, remuneration, and benefits, while also addressing modern workplace considerations such as data protection under GDPR. The contract is designed to protect both employer and employee interests, incorporating requirements from collective bargaining agreements and social security regulations. It's particularly crucial as Belgian employment law requires written documentation of key employment terms and conditions.
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Brief context of the employment relationship and reference to any prior agreements
3. Definitions: Key terms used throughout the contract
4. Function and Duties: Job title, role description, and main responsibilities
5. Place of Work: Primary workplace location and potential mobility requirements
6. Duration and Start Date: Whether fixed-term or indefinite duration, and employment start date
7. Working Hours: Regular working hours, schedule, and potential flexibility
8. Remuneration: Base salary, payment frequency, and method of payment
9. Benefits: Mandatory benefits including holiday pay, end-of-year premium, and meal vouchers
10. Annual Leave: Annual vacation entitlement and public holidays
11. Illness and Incapacity: Procedures for reporting illness and sick pay provisions
12. Termination: Notice periods and termination procedures as per Belgian law
13. Confidentiality: Obligations regarding company confidential information
14. Intellectual Property: Assignment of IP rights for work-related creations
15. Data Protection: GDPR compliance and personal data processing
16. Governing Law: Confirmation of Belgian law application and competent courts
1. Remote Working: Terms for telework when applicable, including equipment and expenses
2. Company Car: Terms of company car provision and private use regulations
3. Stock Options: Details of any share option schemes or equity participation
4. Non-Compete Clause: Post-employment competition restrictions, if applicable and valid under Belgian law
5. Training Agreement: Specific training provisions and potential reimbursement clauses
6. Variable Pay: Structure and conditions of bonus or commission schemes
7. International Travel: Terms for business travel and international assignments
8. Language Requirements: Specific language requirements for the role
1. Schedule 1 - Work Rules: Reference to and extract of applicable workplace regulations (arbeidsreglement/règlement de travail)
2. Schedule 2 - Benefits Overview: Detailed description of all benefits and conditions
3. Schedule 3 - Job Description: Detailed description of role, responsibilities, and reporting lines
4. Schedule 4 - IT Policy: Rules regarding use of company IT systems and equipment
5. Schedule 5 - Expense Policy: Guidelines for business expense claims and reimbursement
6. Appendix A - Salary Calculator: Breakdown of gross to net salary and benefits calculation
7. Appendix B - Company Policies: Key company policies including anti-harassment and ethical conduct
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