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Permanent Contract Template for Belgium

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Permanent Contract

"I need a Belgian permanent contract for a senior software developer position starting March 1, 2025, including provisions for hybrid working and stock options."

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What is a Permanent Contract?

This Permanent Contract template is designed for use in establishing employment relationships in Belgium that are intended to continue for an indefinite period. It serves as the primary document governing the employment relationship between employers and employees in Belgium, incorporating all mandatory elements required by the Employment Contracts Act of 1978 and related legislation. The document should be used when hiring new employees or converting temporary contracts to permanent positions. It includes essential provisions regarding working conditions, remuneration, and benefits, while ensuring compliance with Belgian social security regulations, data protection laws, and applicable collective bargaining agreements. This template is adaptable to various roles and sectors while maintaining compliance with Belgian employment law requirements.

What sections should be included in a Permanent Contract?

1. Parties: Identification of the employer and employee with complete legal details

2. Background: Context of the employment relationship and basis for the agreement

3. Definitions: Key terms used throughout the contract

4. Function and Duties: Detailed description of the role, responsibilities, and reporting lines

5. Duration and Start Date: Confirmation of permanent nature of contract and start date

6. Work Location: Primary workplace location and potential mobility requirements

7. Working Time: Regular working hours, schedule, and break periods

8. Remuneration: Base salary, payment frequency, and method of payment

9. Benefits: Standard benefits package including holiday pay and end-of-year premium

10. Holidays and Leave: Annual leave entitlement and public holidays

11. Illness and Incapacity: Procedures for reporting illness and sick pay provisions

12. Notice Periods: Notice requirements for both parties in case of termination

13. Confidentiality: Obligations regarding company confidential information

14. Data Protection: GDPR compliance and personal data processing provisions

15. Governing Law: Confirmation of Belgian law application and jurisdiction

What sections are optional to include in a Permanent Contract?

1. Non-Compete Clause: Restrictions on post-employment competition, used for senior positions or when dealing with sensitive information

2. Intellectual Property: IP rights assignment, needed for creative or technical roles

3. Company Car: Terms of company car provision, if applicable

4. Remote Working: Provisions for telework arrangements, if applicable

5. Commission Structure: Details of variable pay or commission schemes, for sales or performance-based roles

6. Training Requirements: Specific training obligations and commitments, for specialized roles

7. Stock Options: Terms of participation in share schemes, for senior executives

8. International Travel: Provisions for international work requirements, if role involves travel

What schedules should be included in a Permanent Contract?

1. Schedule 1 - Job Description: Detailed description of responsibilities and requirements of the role

2. Schedule 2 - Compensation Details: Breakdown of salary components and benefits

3. Schedule 3 - Company Policies: Reference to key company policies that form part of the employment relationship

4. Schedule 4 - Work Rules: Copy or reference to the mandatory Belgian workplace regulations ('arbeidsreglement'/'r猫glement de travail')

5. Schedule 5 - Benefit Plans: Details of insurance and other benefit schemes

6. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines

7. Appendix B - IT Policy: Rules regarding use of company IT systems and equipment

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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