Employing in Belgium
An employer of record, sometimes known as an international PEO can help you quickly hire and onboard workers in Belgium – often with just two weeks’ notice. Establishing your own local entity without risk and saving costs, this type of service makes an EOR in Belgium worth checking out!
Handmade chocolates, moules frites and a wide variety of beers may be enough to turn many people onto Belgium — but from a business perspective, there are plenty more compelling reasons to be attracted to the country and to expand your growing workforce there.
Despite not being in the top 10 European countries by population and only 34th by area, this cosmopolitan country certainly packs a punch as the de facto capital of the European Union.
Having land borders with Germany, France, Luxembourg and the Netherlands — as well as easy access to the UK by sea — makes Belgium one of Europe’s best placed countries for onward trade. Well-established transport links have allowed Belgium to become a recognised export hub and put the circa 500 million consumers who live within an 800 km radius in easy reach.
Belgium is also a likely place to look for top talent as it has excellent universities and centres for research and development, which make for a highly qualified workforce. Having the native languages of French and Flemish (and German in one area) and an abundance of first and second-generation migrants also makes the country a good target for anyone looking to build a multilingual team.

Statutory provisions in Belgium
TopSource Worldwide is subject to the Joint Industrial Committee 200 (JIC 200) — formerly JC 218 — regulations in Belgium. An employee who works for a company under the scope of JIC 200 in Belgium is entitled, on an annual basis, to the following salary elements:
- 12 monthly salary instalments
- A double holiday allowance (month 14)
- A year-end premium (month 13)
- A yearly premium
- EcoCheques
Other provisions in Belgium

Holiday & Leave
Other holiday information
Holiday entitlement
Statutory minimum holiday entitlement in Belgium is 20 days. However, that entitlement depends on the length of time the employee worked during the preceding calendar year. If the employee has worked 12 months during the previous calendar year, he is entitled to 20 vacation days. If the employee has worked less than 12 months, he is entitled to a pro-rated portion of 20 days.
Number of months worked during the previous calendar year | Number of vacation days to be taken during the present year in a 5-day week |
---|---|
1 | 2 |
2 | 4 |
3 | 5 |
4 | 7 |
5 | 9 |
6 | 10 |
7 | 12 |
8 | 14 |
9 | 15 |
10 | 17 |
11 | 19 |
12 | 20 |
Example: If an employee has only have worked for two months in 2020, he will only be entitled to four days holiday during 2021. Additional days can be granted if required.
An overview of termination in Belgium
Below is a high-level overview of terminating an employment agreement according to the Belgian legislation.
- The legal basis regarding the termination of an employment agreement is the Act of July 3, 1978.
- This act states in article 32 that an employment agreement comes to an end in the following cases:
– When the agreed term comes to an end;
– When the work for which the agreement has been concluded has ended;
– Because of the decision of one of the parties when the agreement was concluded for an undetermined period of time, or in case of a serious cause;
– In case of the decease of the employee;
– In case of force majeure.
We will focus in the 3rd overview of the above-mentioned cases which can lead to the termination of the contract. In case of an employment contract concluding for an undetermined period of time, either party can decide to terminate the contract on a unilateral basis.
Article 37 of the above-mentioned act stipulates that in that case, the party which has taken the initiative to terminate the contract should give notice to the other party. The length of the notice period has been changed on the 1st of January 2014 and is solely based on the years of seniority of the employee with the company. On the 1st of January 2014, the option of including a probationary period within a contract was also abolished.
- The notice period differs depending on whether it is the employer or the employee who has given notice.
- The notice period which should be respected by the employee is shorter compared to the one which the employer needs to respect.
- The notice periods for the first 10 years of employment are outlined below.
Years’ Service (Months/Years) | Employer Notice | Employee Notice |
---|---|---|
0 – < 3 months | 1 week | 1 week |
3 – < 4 months | 3 weeks | 2 weeks |
4 – < 5 months | 4 weeks | 2 weeks |
5 – < 6 months | 5 weeks | 2 weeks |
6 – < 9 months | 6 weeks | 3 weeks |
9 – < 12 months | 7 weeks | 3 weeks |
12 – < 15 months | 8 weeks | 4 weeks |
15 – < 18 months | 9 weeks | 4 weeks |
18 – < 21 month | 10 weeks | 5 weeks |
21 – < 24 months | 11 weeks | 5 weeks |
2 – <3 years | 12 weeks | 6 weeks |
3 – < 4 years | 13 weeks | 6 weeks |
4 – < 5 years | 15 weeks | 7 weeks |
5 – < 6 years | 18 weeks | 9 weeks |
6 – < 7 years | 21 weeks | 10 weeks |
7 – < 8 years | 24 weeks | 12 weeks |
8 – < 9 years | 27 weeks | 13 weeks |
9 – < 10 years | 30 weeks | 13 weeks |
If either the employee or employer wants to terminate the contract with immediate effect and without respecting the notice period as laid down by the law, they will need to pay the other party an “indemnity in lieu of notice” which equals the salary for the period which normally should have been respected as a notice period.
Article 35 of the act on employment agreements finally foresees the possibility for either party to terminate the contract for a serious reason. Such a reason is one which makes it immediately and irrevocably impossible to continue the employment relationship (e.g. theft by the employee or fraud committed by the employer). In this case, no indemnity is due to the other party and the contract comes to an end with immediate effect.
Apart from the above-mentioned situations which are foreseen by the act on employment agreements, parties can always choose (based on the Belgian Civil Code) to terminate the employment agreement in mutual consent. In that case, parties are free to choose the end date, any indemnities due etc.
Terminations with respecting a notice period or a serious cause are subject to mandatory formalities which can lead to an invalid termination. The termination in mutual consent and the one with immediate effect by paying an indemnity in lieu of notice are not subject to any legal formalities.
As regards the reasons to terminate the contract, a new option called a the “manifestly unreasonable dismissal” was introduced in the Belgian labour legislation in 2014. A “manifestly unreasonable dismissal” is a dismissal based on reasons which:
- Are not related to the capability of the employee to perform the job or the behavior of the employee or
- Are not based on the necessities regarding the functioning of the company and which would never have been decided by a normal and reasonable employer.
Employees have the right to ask their employer to outline the reasons around which the dismissal was based. If the dismissal is considered to be manifestly unreasonable, the employer can be sanctioned with an indemnity of a minimum of three and a maximum of 17 weeks’ salary. The amount of the indemnity is decided upon by the labour court.

Frequently asked questions.
Keen to engage an EOR in Belgium? At TopSource Worldwide, we work with local experts to help you navigate the various admin and cost obstacles you may come across along your expansion journey
To find out how we can help your business with our employment solutions, contact us today.
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