This Flexible Working Contract is designed for use in the Belgian employment context where traditional fixed working patterns are not suitable or desired. It provides a legally compliant framework for establishing variable working arrangements while ensuring adherence to Belgian employment law, including the Employment Contracts Act and Flexible Working Hours Act of 2017. The contract is particularly relevant for organizations adopting modern working practices, especially following the increased demand for flexible work arrangements post-pandemic. It includes essential provisions for working time flexibility, remuneration calculations, time registration methods, and employee protections, while maintaining compliance with Belgian social security requirements and collective bargaining agreements. This document type is suitable for both new employment relationships and modifications to existing contracts where parties wish to implement flexible working arrangements.
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1. Parties: Identification of the employer and employee with complete legal details
2. Background: Context of the employment relationship and reason for flexible working arrangement
3. Definitions: Key terms used throughout the contract, including specific flexible working terminology
4. Duration and Nature of Contract: Whether fixed-term or indefinite, start date, and any probationary period
5. Function and Duties: Employee's role, responsibilities, and reporting lines
6. Flexible Working Arrangements: Core working pattern, variable hours, minimum/maximum hours, notice periods for schedule changes
7. Time Registration: Methods and requirements for recording working hours and attendance
8. Remuneration: Salary, benefits, and calculation method for variable hours
9. Leave Entitlements: Annual leave, public holidays, and how they are calculated under flexible arrangements
10. Notice Periods: Terms for termination by either party
11. Confidentiality: Protection of company information and trade secrets
12. Data Protection: Handling of personal data in compliance with GDPR
13. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Remote Working Provisions: Include when the flexible arrangement includes remote work, detailing location requirements and home office arrangements
2. Equipment and Expenses: Include when employer provides equipment or reimburses expenses for flexible/remote working
3. International Elements: Include for cross-border working arrangements or international employees
4. Non-Competition: Include for senior positions or roles with access to sensitive information
5. Training and Development: Include when specific training requirements or professional development programs are part of the arrangement
6. Performance Measurement: Include when specific KPIs or performance metrics apply to flexible working
7. Health and Safety: Include detailed section when work involves specific health and safety considerations
1. Schedule 1: Core Hours and Flexible Time Bands: Detailed breakdown of core working hours and flexible time periods
2. Schedule 2: Time Registration Procedures: Detailed procedures for recording working time and overtime
3. Schedule 3: Remuneration Calculation: Detailed formula for calculating pay based on hours worked
4. Schedule 4: Company Policies: Relevant company policies affecting flexible working
5. Schedule 5: Communication Protocols: Procedures for schedule changes, availability, and team communication
6. Appendix A: Equipment List: List of any company equipment provided for flexible working
7. Appendix B: Health and Safety Guidelines: Specific health and safety requirements for flexible working
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Flexible Working Contract
Belgian law-compliant employment contract establishing flexible working arrangements, including variable hours and scheduling terms.
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