The Contract of Employment Driver is a specialized employment agreement used in Belgium when hiring professional drivers across various transport sectors. This document is essential for establishing clear terms of employment while ensuring compliance with Belgian labor law, EU driving regulations, and sector-specific requirements. The contract addresses crucial aspects such as driving hours, rest periods, vehicle responsibilities, and safety protocols, while incorporating standard employment terms like remuneration and benefits. It's particularly important as it must align with both the Belgian Employment Contracts Act and specific transport sector regulations, including EU Regulation 561/2006 on driving times. The document serves as a comprehensive framework for both employer and employee, clearly outlining responsibilities, working conditions, and compliance requirements specific to professional driving roles.
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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 purpose of the agreement
3. Definitions: Key terms used throughout the contract including specific driving and transport-related terminology
4. Function and Duties: Detailed description of the driver's role, responsibilities, and scope of work
5. Duration and Start Date: Terms of employment (fixed-term or indefinite) and commencement date
6. Work Location and Route: Primary workplace, depot location, and general operating territory
7. Working Hours and Schedule: Regular working hours, shift patterns, and compliance with driving time regulations
8. Remuneration: Base salary, payment schedule, and any sector-specific allowances
9. Rest Periods and Leave: Mandatory rest periods, annual leave entitlement, and public holidays
10. Vehicle and Equipment: Provisions regarding company vehicle usage, maintenance responsibilities, and equipment handling
11. Health and Safety: Safety obligations, medical examination requirements, and accident reporting procedures
12. Confidentiality: Protection of company information and customer data
13. Company Policies: Adherence to company rules, procedures, and professional conduct expectations
14. Termination: Notice periods and conditions for contract termination
15. Governing Law: Confirmation of Belgian law application and relevant jurisdiction
1. International Travel: Additional terms for drivers operating on international routes, including specific allowances and requirements
2. Performance Bonuses: Structure of any performance-related pay or bonus schemes
3. Non-Compete Clause: Restrictions on working for competitors, if applicable under Belgian law
4. Additional Benefits: Any company-specific benefits like meal vouchers or insurance packages
5. Training Requirements: Specific professional development and certification maintenance requirements
6. Collective Bargaining Provisions: Reference to applicable collective agreements if the company follows specific sector agreements
7. Data Protection: Specific provisions regarding GPS tracking and personal data processing
8. Remote Work Provisions: Terms for any administrative work that can be performed remotely
1. Schedule 1 - Vehicle Specifications: Detailed information about the assigned vehicle(s) and technical specifications
2. Schedule 2 - Route Details: Standard routes and delivery schedules if applicable
3. Schedule 3 - Safety Procedures: Detailed safety protocols and emergency procedures
4. Schedule 4 - Expense Policy: Guidelines for claiming work-related expenses and allowances
5. Schedule 5 - Company Handbook: Reference to or incorporation of relevant company policies
6. Appendix A - Driver Qualification Documents: List of required licenses, certificates, and qualifications
7. Appendix B - Vehicle Inspection Checklist: Standard checklist for vehicle inspections and maintenance reporting
8. Appendix C - Accident Reporting Forms: Standard forms and procedures for incident reporting
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